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PRd^CEEDINGS 



OF A 



COURT OF ENQUIRY, 



HELD AT THE 



NAVr YARD, BROOKLYN, NEW YORK, 



UPON 



® AIP^^H^ ^iiMUS ID^I&IE(S>Sr 



OF THE 



UNITED STATES' NAVY, 

il"'- DE PAST WENT. ." 



IN 




MAY, 1821 



WASHINGTON CITY: 

PRINTED BY JACOB GIDEON, JUNIOR. 

1822. 



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3 



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NAVY DEPARTMENT, 

March 25th, 1823. 

The following proceedings are published at the 
request of Captain Barron ; and this request would 
have been complied with at any time heretofore, had it 
been made. They have been withheld from the public 
for no other reason than an impression that a publica- 
tion without the consent of Captain Barron, would be 
improper, until a final decision was made in his case. 



4 



TO ALEXANDER MURRAY, Esquire, 

Captain in the JSTavy of the United States* 

WHEREAS James Barron, Esquire, Captain in 
the Navy of the United States, was, by sentence of a 
Court Martial, bearing date the eighth day of February, 
in the year of our I^ord one thousand eight hundred 
and eight, suspended for the term of five years. And 
whereas it is alleged, that the said James Barron, dur- 
ing his said suspension, being at Pernambuco, did 
make to Mr. Lyon, British Consul at that place, 
certain declarations and representations, respecting the 
President and government of the United States, highly 
improper, and unbecoming an officer of the Navy of 
the United States, as will appear by the accompanying 
letters ; which have, heretofore, been submitted to the 
said James Barron for explanation, and copies thereof 
delivered to him, to wit : 

A. Being a letter from William Lewis to Charles W. Golds* 
borough, esquire, dated at Pernambuco, September the 7th, 
J811. 

B. Being a letter from Thomas P. Goodwin, bearing date the 
4th ^f March, 1819, to the Secretary of the Navj. 

And whereas at the expiration of the said term of 
suspension of the said James Barron, to wit : on the 
eighth day of February, 1813, the United States being 
at war with Great Britain, he, the said James Barron, 
was in a foreign country and continued to absent him- 
self from the United States, until the conclusion of the 
war, and for a long time thereafter, contrary to his (-uty 
as an officer of the Navy of the United States. And 
whereas the said James Barron, now requests active 
employment, and the command of a vessel in the Navy. 
And the President of the United States, deeming an 
explanation of the matters aforesaid necessary, before 
a decision upon such request can be made ; on being 



notified thereof^ the said James Barron has asked for 
a court of enquiry to investigate the same. The Pre- 
aident of the United States has, in compliance with the 
request of the said James Barron, charged me to call a 
court of enquiry, for the purposes aforesaid. You are 
hereby accordingly ordered to proceed to the xNavy 
yard at Brooklyn, in the state of New York, on or be- 
fore the tenth day of May next, to act as a member of 
the said court : and being the senior officer called, you 
will be the president of said court. Notifications are, 
also, transmitted to Captains Charles Stewart, and 
Charles Morris, with orders to appear at the time and 
place aforesaid, as members of the said court. And the 
court is hereby directed and empowered, to summoB 
such persons as may be necessary to give information, 
touching the said matters ; and is moreover, authorised, 
empowered, and required, strictly to examine into the 
matters before mentioned, and to report a statement 
thereof, as it shall appear to the said court ; together 
with its opinion in relation to the same All which you 
will transmit to me, to be laid before the President of 
the United States, for his consideration. nd for so 
doing, this shall be to you, and our other said officers^ 
and all others concerned^ a sufficient warrant. 

Given under ray hand, and the seal of 
the Navy department of the United 
States, at the city of Washington, this 
[seal.] twentieth day of March, in the year 

of our Lord one thousand eight hun- 
dred and twenty-one, and in the forty- 
fifth year of the independence of the 
United States. 

SMITH THOMPSON. 

Transferred to Captain Charles Stewart by order of 
the Hon. the Secretary of the Navy. 

A. MURRAY. 



(A.) 
Dear sir, 

A Portuguese ship arrived here yesterday in thirty- 
eight days from London, with intelligence, which ren- 
ders it probable that there is either a war at this time 
with England, or that one will shortly take place. I 
shall proceed in about ten days to Rio Janeiro, where 
it is probable my ship will be detained, and in the 
event of war, sold. If a war takes place, my chance 
of return to the United States, will be very precarious. 
The desire to make myself useful, urges me to suggest 
to you the propriety of my being authorized to equip 
and man, a vessel for the purpose of cruising. A ves- 
sel of a proper description (I mean a fast sailing schoo- 
ner) may be obtained, and 1 think fitted out at no very 
considerable expense. There are a number of Ameri- 
can sailors in this country, who would be thrown out of 
their usual employment and be glad to ship in the ser- 
vice. Will you be good enough to state the business to 
the Secretary for his consideration ? The possibility 
that this letter may fall into other hands prevents my 
enlarging on this subject ; but I have information 
which convinces me the project may be carried into ef- 
fect. 

I think it proper to communicate to you for the infor- 
mation of the Secretary of the Navy that Captain James 
Barron, while in this place, in a Merchant brig from 
Norfolk, did say to a Mr, Lyon, British Consul at that 
time, and now residing here ; that even if the Chesa- 
peake had been prepared for action, he would not have 
resisted the attack of the Leopard ; assigning as a rea- 
son, that he knew (as did also our government) there 
were deserters on board his ship. He said to Mr. 
Lyon farther, that the President of the United States 
knew there were desertek's on bcmrd, and of the inten- 
tion of the British ships to take them, and that his ship 
was ordered out under these circumstances, with the 
vievv to bringing about a contest which might embroil 



a 

the two nations in a war. He told Mr. Lyon that he 
had private letters in his possession from officers, iiigh 
in the government, approving his conduct in the affair 
with the Leopard. I obtained this information from 
Mr. Thomas (rood win of Baltimore (brother of Lie- 
tenant Ridgely) who received it from Mr. Lyon him- 
self; not in confidence but in company where a number 
of Americans were present. Mr. Lyon considers Bar- 
ron as having been highly injured in the business. 

1 always knew that Barron was a man of the most 
vindictive heart. He has no doubt, said these things 
with a view to revenge himself. 

I am now convinced that he is not only a coward but a 
traitor, for I can call by no other name a man who 
M^ould talk in this way to an Englishman, — and an En- 
glishman in office. 

I regret beyond measure that I left the United States,* 
my situation on board of her was such as would have 
secuied my promotion in case of war. 

I had been long endeavouring to obtain a ship in the 
Merchant service for reasons of the strongest necessity. 
It appears that I succeeded in a most unfortunate mo- 
ment, 

I am, dear sir, yours sincerely, 
W. LEWIS. 

PernamhucOj September 7th, 1811. 

Cha's, W. Goldsborough, Esqr. Washington. 



(B.) 

Baltimore, March Ath, 1819. 
Sir, 

My brother. Captain Ridgely, has stated to me your 
request, that I would write to you the particulars of a 
conversation, I had, some years ago, with the British 
Consul, at Pernambuco, respecting Commodore James 
Barron, and which was communicated to the Depart^ 

* Frigate United States. 



ment over which you preside, by the lat6 Captain Lewis 
of the Navy. As this conversation took place at the 
close of the year 1811, I will not presume, after such 
a lapse of time, to give the precise language of Mr. 
Lyon, the Consul, in relation to the subject. The 
amount, and purport of it, however I distinctly recollect, 
and my memory will bear me out in the following facts : 

That, Commodore Barron, during bis resi<lence at 
jPernambuco, lived with Mr. Lyon, who has repeatedv 
ly expressed to me the highest regard and friendship 
for the Commodore : that, on many occasions, 1 con* 
Versed with him, concerning the unfortunate affair of 
the Chesapeake, find that Mr. Lyon, always insisted that 
the Commodore had been shamefully treated by his 
government ; in proof of which he stated that Commo- 
dore Barron, had given him a full account of the cir- 
cumstances which preceded and followed the attack on 
the Chesapeake, and had told him that the men claim- 
ed, from his ship, by the British squadron were deser- 
ters ; that he knew them to be so, and had so informed 
the government ; that, on being first ordered to sea, he 
apprised the government, I think the President himself, 
that the British officers had expressed a determination 
to take the men from him, and that, in the event of such 
an attempt he was not in readiness to prevent it ; that 
he was again ordered immediately and peremptorily to 
proceed to sea, and that he verily believed, and certain- 
ly had impressed Mr. Lyon with the full conviction 
that Mr. Jefferson caused him to go out in a defenceless 
state, for the express purpose of having his ship attack- 
ed and disgraced ; and tnus attain his favourite' object 
of involving the United States in a war with Great 
Britain. This is all, of the information 1 received from 
Mr, Lyon which 1 remember well enough to state pos- 
itively, perhaps, the letter of Captain Lewis may go 
further, if so, I have no hesitation in confirming all that 
he may have stated on my authority. 

Mr. Lyon is since dead. He was of high standing 
with his government, and was a brother in law to sir 



Creorge Collier, of the British Navy. Of his respec- 
tability, however, 1 have no doubt Com B will bear 
testimony. 

The foregoing statement I have given, sir, because you 
equested it, and with no feeling of hostility to Com- 
modore Barron. I am aware that 1 an) risking a good 
deal in making it, having nothing to support it, but the 
, strength of my own character. For how far this may 
attach credit to, and demand confidence in, my testimo- 
ny, I take the liberty of referring to my friend Commo- 
dore Decatur particularly, and to the other distinguish- 
ed men in the Navy generally, 

I have the honor, to be. 

Sir, very respectfully, 

Your most ob't servant, 

THOMAS P. GOODWIN. 

To the Honourable 

The Secretary of the Navy. 

NAVY DEPARTMENT, March fiSrf,1821. 
Sir, 

Henry Wheaton, esquire, of New York, has this 
day been appointed Judge Advocate of the court of 
enquiry, of which you were designated the President, by 
the precept addressed to you on the i^Oth instant. 
I am, very respectfully, sir, 
Your most ob't servant, 

SMITH THOMPSON 

Coianiodore Alexander Murray, 

Commd'g. Naval Offieer, Philadelphia. 



NAVY DEPARTMENT, Jpril Q5th, 1821. 
Sir, 

You are excused from oflSciating as the presiding 
officer of the court of enquiry in the case of Captain 
James Barron, ordered on the 20th ultimo ; and you 
will please to deliver the precept, authorising the con- 



9 



vention of the court, together with the accompanying 
papers, to captain Charles Stewart, who, as the senior 
member, will be the president of the court. 

I am, very respectfully, sir, 
Your most ob't servant, 
SMITH THOMPSON. 

To Captain Alexandei- Murray, 
** Navy of the United States, Philadelphia. 

NAVY DEPARTMENT, JpHl 25th, 1821. 
Sir, 

Commodore Alexander Murray, has been excused 
from acting as President of the Court of Enquiry, order- 
ed in the case of James Barron Esqr. a captain in the 
U. S. Navy, and the senior member, Capt, Charles 
Stewart, will of course be the presiding officer; and you 
will please to report yourself in person to him, as Judge 
Advocate of the said Court, on the 10th day of Muy 
next, at the Navy Yard, Brooklyn, in the state of New 
York. 

I am, very respectfully, sir, 
Your most ob't servant, 

SMITH THOMPSON. 

IlEJTBy Wheatox, Esquire, New York, 

NAVY DEPARTMENT, Jpril St5th, 1821. 
Sir, 

Captain Alexander Murray of the Navy of the 
United States, has been excused from officiating as the 
presiding officer of the Court of Enquiry, ordered on 
the SOth ultimo, in the case of Captain James Barron, 
and as the senior member, the duty devolves on you of 
acting as President of the said Court ; you will, there- 
fore, receive from Capt. Alexander Murray, the original 
precept directing the convention of the Court, together 
with the accompanying papers, and proceed, under the 
authority of the said precept, in the same manner as if 
it had, in the first instance been addressed to yourself 

The other members of the Court, Captains Isaac Hull 

..... g 



id 

and Charles Morris, have been duly appointed, and n«- 
tified to report to you. 

I am, very respectfully, sir, 
Your most ob*t servant, 
SMITH THOMPSON. 

Captain Charibs Stewart, 

Navy of the United States, Boidentown, N. J. 

P. S. The Judge Advocate, Henry Wheaton, Esqr. 
has also been directed to report to you. 

NAVY DEPARTMENT, ^pril SOth, 1821, 

Sir, 

You are hereby appointed a member of a Court of 
Enquiry, directed to convene at the Navy Yard, Brook- 
lyn, in the state of New York, on the tenth day of May 
next, to investigate the truth of certain allegations, res- 
pectingthe conduct of James Barron, Esq. a Captain in 
the Navy of the United States; and you are required to 
appear at the time and place aforesaid, and report your- 
self as a member to Capt. Charles Stewart, the Presi- 
dent of said Court. 

1 am, very respectfully, sir, 
Your most ob't servant, . 

sMrrn Thompson. 

Capt. Samuel Evans, U. States Navy, New York. 

NAVY DEPARTMENT, Jpril 9.5th, 1821. 

Sir, 

Captain Alexander Murray of the Navy of the 
United States, has been excused from acting as the pre- 
siding officer of the Court of Enquiry ordered in the 
case of Captain James Barron ; and that duty will de- 
volve on the senior member. Captain Charles Stewart ; 
to whom you will report yourself, in person, as a mem- 
ber of the said Court, at the Navy Yard, Brooklyn, in 
the state of New York, on the tenth day of May next. 
1 am, very respectfully, sir. 
Your most ob't servant, 
SMITH THOMPSON. 

Captain Cuarlis Morris, 
Commandant U. S Navy Yard, Portsmouth, N. H, 



Minutes of a Court of Enquiry began and held at 
the Navy Yard at Brooklyn, in the state of ISew York, 
on Thursday the tenth day of May, one thousand eight 
hundred and twenty -one, by order of Smith Thompson, 
Esquire, Secretary of the Navy Department of the UnU 
ted States, for the purpose of investigating the conduct 
of James Barron, Esquire, a Captain in the Navy of the 
United States, concerning the matters stated in the war- 
rant for convening said Court, dated on the twentieth 
day of March, one thousand eight hundred and twenty- 
one. 

Present — Captain Charles Stewart, President, 

Captain Samuel Evans, 7 j^^^ij^^^^ 
Captain Charles Morris, 5 
Henry Wheaton, Esq. Judge Advocate. 

The Warrant for convening said Court, and the or- 
ders to the several members thereof, directing them to 
attend, together with the letter of appointment of the 
Judge Advocate, all of which are hereunto annexed, 
were read by the Judge Advocate. 

The oath required by the act of Congress was then 
administered by the Judge Advocate to the President 
and members of the Court, and by the President to the 
Judge Advocate. 

Captain James Barron not appearing, the Court ad- 
journed until to-morrow morning, 10 o'clock. 
Friday, May lU/^, 1831. 

The Court met pursuant to adjournment — Present as 
on yesterday. 

Captain James Barron appeared, and requested that 
Caesar Augustus Rodney, Esquire, might be permitted 
to act as his counsel. 

The Court directed Mr. Rodney to be admitted as 
counsel to Captain Barron, under the restrictions usual 
in Courts Martial. 

The Judge Advocate stated to the Court the objects 
of the present enquiry, and offered in evidence the two 



origioal letters accompanying the warrant for convening 
the Court, one marked A. from Captain William Lewis, 
late of the United States Navy, to Charles W. Golds- 
borough, Esquire, late chief clerk in the Navy Depart- 
ment, dated Pernambuco, September 7th, 1811, and the 
other marked B. from x\lr. Thomas P. Goodwin, late of 
Baltimore, to the Secretary of the Navy, dated Balti- 
more, March 4th, 1819, as evidence of the reasons which 
had determined the government to decline complying 
with Captain Barron's request for active employment, 
until some explanation of the matters contained in the 
said letters should be given. 

John B. Nicholson, Esquire, a Master Commandant 
in ihe Navy of the United States, was then sworn as a 
witness, and examined by the Judge Advocate. 

Question^ by the Judge Advocate —Examine the letter 
marked A. and say whether it is the hand writing of 
Captain Lewis, and his signature ? 

Ansiver — lam acquainted with Captain Lewis' hand 
writing, by having long known and corresponded with 
him, and can say that it is his hand writing and signa- 
ture. 

Question, by the same — What was Captain Lewis' 
character? 

Answer — He was considered one of the most promis- 
ing officers in the service, and stood high both as an offi- 
cer and a gentleman. He was a man of strict honour 
and integrity. 

Question, by the same — Is Capt. Lewis now living? 

Answer — No! he was supposed to have been lost in 
the Epervier, in 1815. 

Question, by the same — Look at the letter marked B. 
and «ay whether you are acquainted with the hand wri- 
ting of Mr. Goodwin ? 

Answer — 1 am acquainted with his hand writing. 
The letter and signature are his hand writing. 

Qiiesfiov, by the same — What was the character of 
Mr. Goodwin? 



IS 

Answer — He was as respectable and honourable » 
man as ever I met with. 

Qtiestion, by the same— Is he now living? 

nAnswer—^o\ he died sometime in January, 1820/at 
the Havana. 

Question, by the same — Do you know whether com- 
modore Barron passed through Baltimore after the date 
of Mr. Goodwin's letter? and whether Mr. Goodwin 
was then there ? 

Answer — I recollect Com. Barron passed through 
Baltimore in the spring of 1819: Mr Goodwin was then 
there. I do not know whether Com. Barron saw him 
or not. 

Captain Barron declined cross examining the witness. 

The Judge Advocate then read the two letters mark- 
ed A. andB. in the words and figures following, to-wit : 

Letter A. 
Dear sit?, 

A Portuguese ship arrived here yesterday, in thirty, 
eight days from London, with intelligence which renders 
it probable that there is either a war, at this time with 
England, or that one will shortly take place. I shall 
proceed in about ten days to Rio Janiero, where it is 
probable my ship will be detailed, and in the event of a 
war sold. If a war takes place my chance of return to 
the United States will be very precarious. 

The desire to make myself useful urges me to sug- 
gest to you the propriety of my being authorised to 
equip and man a vessel for the purpose of cruising. A 
vessel of a proper description (1 mean a fast sailing 
schooner) may be obtained, and I think, fitted out, at no 
very considerable expense. There are a number of 
American sailors in this country who would be thrown 
out of their usual employment, and be glad to ship in 
the service. Will you be good enough to state the bu- 
siness to the Secretary for his consideration? The pos- 
sibility that this letter may fall into other hands pre- 



vents my enlarging on this suliject, but 1 have inforraa- 
tion which convinces me the project may be carried into 
effect. 

I think it proper to communicate to you for the in- 
formation of the Secretary of the Navy, that Capt. James 
Barron, while in this place in a merchant brig from 
Norfolk, (lid say to a Mr Lyon, British Consul at that 
time, and now residing here, that even if the Chesapeake 
had been prepared for action, he would not have resist- 
ed the attack of the Leopard, assigning as a reason that 
he knew, (as did also our government) there were de- 
serters on board his ship. — He said to Mr. Lyon fur- 
ther, that the President of the United States knew there 
were deserters on board, and of the intention of the Bri- 
tish ships to take them, and that his ship was ordered 
out under these circumstances with the view to bringing 
about a contest which might embroil the two nations in 
a war. He told Mr. Lyon that he had private letters 
in his possession from officers high in the government, 
approving his conduct in the affair with the Leopard. 
I obtained this information from Mr. Thomas Goodwin, 
of Baltimore, brother of Lieut. Ridgely, who received it 
from Mr. Lyon himself, not in confidence, but in com- 
pany where a number of Americans were present. Mr. 
Lyon considered Barron as having been highly injured 
in the business. 

I always knew that Barron was a man of the most 
vindictive heart. He has no doubt said these things 
with a view to revenge himself. 

I am now convinced that he is not only a coward but 
a traitor, for I can call by no other name a man who 
would talk in this way to an Englishman, — and an En- 
glishman in office. 

I regret, beyond measure that 1 left tlie United States^ 
my situation on board of her was such as would have 
secured my promotion in case of war. 

I had been long endeavouring to obtain a ship in the 
merchant service for reasons of the strongest neccessity. 



It appears that I succeeded in a most unfortunate mo- 
ment. 

I am, dear sir, yours sincerely, 
(Signed) W. LEWIS. 

PernambucOj September Tth, 181K 

Letter B. 

Baltimoret March Ath, 1819. 
Sir, 

My brother, Captain Ridgely, has stated to me 
your request that I would write to you the particulars 
of a conversation I had some years ago with the Bri- 
tish Consul at Pernambuco, respecting Commodore 
James Barron, and which was communicated to (ho 
Department over which you preside by the late Captaiti 
Lewis, of the Navy. As this conversation took place 
at the close of the year 1811, I will not presume afler 
such a lapse of time to give the precise language of Mr. 
Lyon, the Consul, in relation to the subject. The amount 
and purport of it, however, I distiuctly recollect, and 
my memory will bear me out in the following facts : 
That, Commodore Barron, during his residence at Per- 
namouco, lived witb Mr. Lyon, who has repeatedly 
expressed to me the highest regard and friendship for 
the Commodore : that, on many occasions, i conversed 
with him concerning the unfortunate affair of the 
Chf'sapeakf'f and that Mr. L. always insisted tlia^ the 
Commodore had been shamefully treated by his govern- 
ment; in proof of which he stated that Com. Barron 
had given him a full account of the circumstances which 
preceded and followed the Mtack on the Chesapeake and 
had told him that the mcu claimed from his ship by the 
British squadron were deserters ; that he knew them to 
be so, and had so informed the government ; that, on 
being first ordered to sea, he apprised the government, 
I think the President himself, that the British officers 
had expressed a determination to take the men from 
him, and that in the event of such an attempt he was 



16 

not in readiness to prevent it; that he was again or- 
dered immediately and peremptorily to proceed to sea, 
and that he verily believed and certainly had impressed 
Mr. Lyon with the full conviction that Mr, Jefferson 
caused him to 2;o out in a defenceless state for the ex- 
pre s purpose of having his ship attacked and disgraced, 
and thus attain his favourite object of involving the 
United States in a war with Great Britain. This is 
all of the information! receivedof Mr. Lyon which 1 re- 
member well enough to state positively. Perhaps the 
letter of Capt. Lewis may go further, if so, 1 have no 
hesitation in confirming all that he may have stated on 
my authority. Mr. Lyon is since dead. He was of 
high standing with his government, and was a brother in 
law to Sir George Collier of the British Navy. Of his 
respectability I have no doubt Com. Barron Avill bear 
testimony. 

The foregoing statement 1 have given, sir, because 
you requested it, and with no feeling of hostility to 
Com. Barron. I am aware that I am risking a good 
deal in making it, having nothing to support it but the 
strength of my own character. How far this may at- 
tach credit to, and demand confidence in, my testimony, 
I take the liberty of referring to my friend Com Deca- 
tur particularly, and to the other distinguished men in 
the Navy generally. 

I have the honor to be, &c. 
(Signed) THOS. P. GOODWIN. 

The Judge Advocate then produced in evidence the 
original record of the proceedings of a general court 
martial convened on board the frigate Chesapeake in the 
harbour of Norfolk on the 4th day of January, 1808, 
for the trial of Captain James Barron, by the sentence 
of which court the said Captain Barron was suspended 
from command and all pay and emoluments for the term 
of five years from the 8th day of February, 1808. 

Captain Charles Stewart, President of the court of 
enquiry was sworn as a witness, and examined by the 
Judge Advocate, 



i7 

Qiiestion^ by the Judge Mvocate, — When did Com, 
Barron leave this country on his last absence ? 

Answer — The last time 1 saw him was about the last 
of March, 181^, at Norfolk. 

Captain Barron then stated to the court that he left 
this country on or about the 6th of April, 181S. 

The Judge Advocate read in evidence the two certi- 
ficates, hereunto annexed, marked A. and B from Con- 
stant Freeman, esquire. Fourth Auditor of the Trea- 
sury Department, to prove that Captain Barron was in 
Europe in August, t818; and the certificate hereunto 
annexed, marked C. to prove that the said Captain 
Barron had been paid for half pay from the eighth day 
of February, 1813, to the twenty-eighth day of Febru- 
ary, 1819, and that he had been paid for full pay and 
nations from the date last mentioned to the 31st day of 
January last. 

The Judge Advocate here rested the case, and Capt. 
Barron stated that he should proceed to-morrow with 
the evidence on his part. 

The court adjourned to to-morrow morning at 11 
o'clock. 

Saturday, May 12/A, 18S1. 

The court met pursuant to adjournment. — Present 
as on yesterday. 

The Judge Advocate read to the court a letter from 
the lion. John Quincy Adams, Secretary of State, to the 
Judge Advocate, dated Washington, May 9th, stating 
the impossibility of his attending the court, as a witness 
consistently with his official duties at Washington. 

The following statement of Captain Barron's case 
preliminary to his entering on the evidence on his part, 
was read by his counsel. 

(1) 

The Judge Advocate having closed the testimony he 
had to offer. th*e court will indulge me in this stage of 



18 

the proceedings, with a few introductory remarks on 
the case, and a brief statement of the evidence in my 
power to produce. 

Confident of impartial justice from this tribunal, I ap« 
pear before it, at an advanced period of life and in an 
infirm state of health, conscious of the uniform rectitude 
of ray conduct, and of my entire innocence of the im^ 
putations that have been cast on my character, knowing 
the allegations to be utterly destitute of foundation, in 
truth, 1 feel more sensibly the injustice attempted to be 
done to my reputation as an officer, and a man sincerly 
attached to his country and devoted to its service. 

I cannot but regret that this measure should have 
been deemed necessary, in any view of the subject, 
under all the circumstances of the case, as the conse- 
quences of such a precedent are not to be foreseen ot* 
calculated, at the present moment But when I under- 
stood that this course of proceeding was considered re- 
quisite, I determined to meet it, and to challenge the 
most scrupulous investigation into my conduct, guided 
by those fair and just principles which I am sure will 
govern this tribunal. 

Whilst I lament therefore that an unfounded report or 
an involuntary detention should have been suj)posed to 
furnish an occasion for a court of enquiry, previously to 
my employment in tlie naval service, 1 rejoice in the op- 
portunity presented of removing erroneous impressions, 
and of exposing the falsehood or the fallacy of the< 
charges imputed to me. 

Permit me to repeat the statement made to the court 
yesterday, that my application to the Secretary, was 
not for any particular service, or special command, but 
for employment generally, without presuming to dictate 
the kind or character. In this respect there appears to 
have been a misconception or a mistake committed, in- 
advertently, no doubt, by the Department. 

The court will also pardon me for adverting to the 
very particular reference contained in that paper to o 
former affair, which appears to me to have been unne- 



19 

ce>ssary, and therefore to claim a remark. It was not in 
my humble opinion, required, and could only have a 
tendency to throw a shade over this case, which 1 pre- 
sume was not designed, and before this court could 
not have succeeded. So far as a reference was unavoid* 
able for the purpose of directing the present enquiry, 
it would have been liable to no observation, and would 
have been silently acquiesced in by me. But under 
present circumstances, 1 cannot omit to remark that for 
a mere error in judgment, which was all that was impu- 
ted, (and how even this conclusion was ever drawn from 
the premises stated by that court, I have always been 
utterly at a loss to conceive) I have suflPered more se- 
verely than ever fell to the unfortunate lot of any other 
officer. Without disparagement to the character of any 
member of that tribunal, 1 may be permitted to say, 
without offence, now when the passions kindled at the 
moment, have ceased, and the tempest which raged 
against me, has 1 hope, subsided, that the excuse for 
the sentence, is to be sought for, in the excitement and 
irritation produced, by the unprovoked and unexpected 
attack on a national vessel in time of peace. 

The warrant for holding this court and the papers 
referred to in it, present two distinct subjects of enquiry. 
The first is the conversation alleged to have been had, 
by me, with Mr Lyon at Pernambuco, The last my 
absence from the United States. 

To support the former charge, which is most solemn- 
ly denied, not a scintilla of evidence has been adduced. 
The letters of Captain Lewis and Mr. Goodwin, it ie 
true, have been read, not as testimony, in any shape, in 
the case according to the correct and judicious decision 
of this Court, but as containing a specification of the 
language unjustly attributed to me, and explaining the 
reasons which have led to this investigation. For no 
other purpose could they have been introduced into the 
precept of which they are made to form a part, and for 
no other purpose, would they have been received by ihh 
Court. 



so 

111 every case when a charge is exhibited against an 
individual, affecting his reputation, it is incumbent on 
those who make it, to maintain it, by competent and 
sufficient proof. The labouring oar is on their side, 
and unless they produce legal and satisfactory evidence, 
the accusation f.ills to the ground. I need not add, that 
in the case of an officer, whose reputation is so dear to 
him, and before a court of honor, these principles apply 
with superior force. 

Can it be necessary then (o occupy the attention of 
this intelligent court with a charge denied absolutely 
and entirely, when not a solitary particle of testimony 
has been produced to give it the slightest support ? 

The story as told carries its death-wound on its 
face. It is not only improbable but incredible. It is 
too absurd and ridiculous to receive for a moment the 
countenance of this court, even supposing some testi- 
mony had been adduced in its favour. So man of com- 
mon sense in my situation, could have uttered such Ian- 
guage, in direct opposition to what was stated in my 
defence, which had been published in our newspapers ; 
and to the report, with respect to the seamen, delivered 
by me to the Naval department and printed among the 
public documents. 

The policy of Mr. Jefferson's administration was 
known to be peaceable. It was notorious that he stu- 
diously avoided a w^ar, after the affair of the Chesa- 
peake. To suppose me capable of such folly as that 
of asserting the contrary in the face of facts public and 
notorious, would be to attribute to me a total want of 
understanding, and indeed of common sense. 

The letter from Captain Lewis at Rio Janeiro, dated 
September 7th, 1811, to Mr. Goldsborough, then a 
clerk in the Naval department, and deposited among 
the papers, but at what period, and whether with or 
without the privity of the Secretary, does not appear, 
was permitted to slumber on the files, unnoticed and 
certainly unknown to me, until the month of December, 
in the year 1818. 



When I was first apprized of it, Captain Lewis was 
dead. If living, though his letter stated this stor^ to be 
hearsay, from a third person, for he had not conversed 
with Mr. Lyon on this subject. Yet the character of 
Capt Lewis would have induced me to ask from liini aa 
explanation. Far be it from me, to attempr to nffecl the 
reputation of a deceased officer, but it manifestly ap- 
pears from his own statement, that whatever tuerjt he 
may have possessed, and I am not disposed to deny it, 
he had imbibed some bitter prejudices against me. Un- 
der their influence, the most honest mind sees every 
thing through a false medium, and is frequently warped 
without being sensible of it. 

It was not until March, 1819? that a letter waft pro- 
cured from Mr. Goodwin, to whom Captain Le\Us liad 
referred as the author of the tale, told him ; and it 
w^ould seem from some of the questions put to Captiiin 
Nicholson, that when this paper was made known to 
me, it was expected, that I would immedialely require 
an explanation from this writer, who died not long af- 
ter. But I appeal with confidence to this court, whe- 
ther this would have been requisite or even proper. 
What course as an officer could I have pursued ? Ought 
I to have made it a personal affair? Or was I to sue 
him for the slander? Is this irksome task imposed or 
required on such occasions ? When the positive denial 
of one who holds a post Captain's commission in the 
Navy, shall not be equal to the hearsay of another 
Individual secretly propagating unfounded charges, the 
situation of an officer would be extremely precarious. 
If such a course were to be countenanced bv this tribu- 
nal, who would be safe? What honorable member of 
this court can be certain that similar letters are no( now 
sleeping on the shelves of the Navy office, which may 
rise up at some future day, in accusation, if not in judg- 
ment against him. The silence of the department, for 
years, on the subject, which ought to be considered con- 



elusive against the charge, does not seem to ajfford suf- 
ficient security that it may not be brought forwdrd at 
some distant period. 

From Mr. Goodwin's own letter he appears to go 
unwarrantable lengths, for notwitiistanding, he admits 
that after the lapse of years, his recollection is not dis- 
tinct, he professes himself willing to endorse all that 
Capt. Lewis might have written, he had told him, with- 
out knowing really what it was. I do not mean to im- 
peach his general character, although he has attempted 
to injure mine ; but 1 believe I shall have it in power 
to shew, that he was a passionate young man, and that 
he was particularly violent on political subjects, with 
which my name has been unfortunately blended. 

1 shall prove by witnesses, now present, who were 
in Pernambuco, at the time, that I did not lodge at Mr. 
Lyon's, as stated by Mr. Goodwin. If he be mistaken 
in this prominent fact, the fair presumption would seem 
to be, that he is mistaken in the rest of his story. 

From a letter 1 hold in my hand, I will state what I 
shall be able to prove by a young gentleman of res- 
pectable character and connexions, who has long been 
in the service of Mr, Gerard, of Philadelphia. I shall 
use the language of the writer, Mr. Barclay, who 
observes :— 

^* In compliance with your request, I will inform you 
of my experience touching certain reports said to have 
been current among the Americans in Pernambuco, in 
4811. 

'' I arrived at Pernambuco in the early part of July 
of that year, on commercial pursuits, and remained 
there about six weeks. In that period I became ac- 
quainted, (by means of my consignee) with Mr. Lyon, 
a very respectable English merchant established at 
Pernambuco. Mr. Lyon invited me to his house, en- 
tertained me with hospitality, and I continued on friend- 
ly terms with him during the whole period of my sojourn. 
To me his manners appeared better calculated to create 



esteem and respect, than those of any one there estab- 
lished, with whom 1 became acquainted. 

" He was a modest and unassuming gentleman, and 
n my opinion, as little disposed as any man to converse 
onu subject calculated to hurt the feelings, or injure the 
character of others. 

'' When at Pernambuco, where I remained about six 
weeks, I lived on shore in the house of my consignees, 
M^Crehon and Fleet, at the same time that Mr Good- 
win lived there, who employed said firm as his agents ; 
never to my recollection heard any thing of the report 
alluded to, and had it been in circulation, it is most pro- 
bable I should have heard of it. 

" I was in the Brazils six months ; the latter part of 
the time at Rio Janiero, associated generally with my 
countrymen at that place ; was frequently in company 
with Capt. Lewis, and do not remember ever to have 
heard the subject discussed.'^ 

This material information was received in Philadel- 
phia, by accident on my way to this place. 

The last ground of enquiry, is my absence from the 
country, and this, I confidently trust, will be explained 
and accounted for, to the perfect satisfaction of this 
court. When I left the United States early in the 
month of April, 181S, my reduced efircumstances im- 
periously required active exertions to support my fami- 
ly. From my youth my only calling was that of a 
seamen. I had no other means of making a livelihood. 
I was suspended %vithout pay, from the naval service, 
and I had no resource left but in the Merchant's em- 
ploy. In this I was compelled by necessity to embark, 
and I departed from the United States, expecting to re- 
turn the usual season, without dreaming of my subse- 
quent involuntary detention. Whatever appearances 
might have indicated, when I left Norfolk, none of my 
best informed friends, whom I consulted, seriously ap- 
prehended a war. Our differences with England had 
been of such long continuance, and had so frequently 



threatened hostilities without producing them, that such 
an event was not expected. The necessary prepara- 
tions that usually precede war had not been made, and 
competent judges calculated confidently on the revoca- 
tion of the orders in council, on the repeal of which 
our restrictive system was to cease, and a state of amity 
and intercourse was to succeed. 

War was however ultimately declared in June, 181S. 
But it is now notorious, that about the very period En- 
gland had actually revoked her orders in council, and 
if this fact had been known at the time, no hostilities 
would have taken place. On the faith of the stipulated 
repeal of our non-intercourse laws agreeably to their 
terms, in the event of the revocation of the British or- 
ders in council, our harbours were crowded in the 
nionths of July and August of that year, with vessels 
richly freighted with British manufactures, which sailed 
from lingland with the approbation of our minister 
there, so confident was he of the auiicable termination 
of all our differences. Acts of Congress were subse- 
quently passed for the relief of such vessels soon after 
war was declared, notwithstanding the high characters 
our Navy, Army, and country acquired in its progress, 
attempts were made to produce a reconciliation, and suc- 
cessive measures were adopted until an honourable 
peace was concluded at Ghent in 1814'. 

When hostilities commenced with the United States, 
a general war still continued between the European 
powers. France was engaged with England, and uni- 
ted with Austria, and Russia was marching an immense 
army to Moscow. Denmark was also at war with 
England and Sweden. This state of things on the 
continent produced a rigid non-intercourse with the 
United States. Our Consul, Mr. Forbes, states that he 
knew of but one opportunity of a pass;ige in a vessel to 
the United States, and that was in the fall of 1812, by 
the pilot boat scl.noner Cliamplin. which was wrecked 
on the coast of North Carolina. In Hiis situation I was 
unable to return to my country, I could not go through 



Eugland, because if I appeared there in naval uniform 
I must have been thrown into prison, and if in a private 
dress, would have been liable to have been treated a^ a 
spy, when discovered as I must have been inevitably by 
their system ag;ainst aliens. To attempt to return by tra- 
velling by laud, to some port in France, even if 1 had pos- 
sessed the funds to bear the heavy expense, which I 
did not, would have been fruitless, when hostile armies 
occupied the intervening country. This was proved by 
the experience of others who were able to pay the cost. 
No person in fact, or scarcely a single individual, could 
accomplish this object, unless he were a messenger of 
peace or a regular courier. The deep interest l took 
in the successes of my country, and my extreme anxiety 
to return, will be satisfactorily established by Mr. 
Adams, Mr. Clay, Mr. Forbes, Mr. Cleaveland, and 
Messrs. LaW, and my endeavours to obtain a passage 
in the John Adams, with the advice of Mr. Clay, will 
be fully shown by our late ministers, J. Q. Adams, 
Henry Clay and J. Russell, whose honourable testimo- 
nials in my favour, have been accepted and filed in the 
Navy office. But the nature of her cartel prevented it 
in the opinion of a majority of them. My detention at 
Copenhagen, will appear therefdfre to have been invol- 
iintary and unavoidable. 

When my suspension had expired, I embraced the 
first safe opportunity of reporting myself to the Secre- 
tary of the Navy, and of informing him by another let- 
ter, of my extreme desire to serve my country. And I 
must observe, that even the transmission of letters in 
safety to the United States was attended with extreme 
difficulty. My report and accompanying letters were 
however safely received, and filed in the Navy office; 
but no answer was ever returned. To an officer in my 
situation this was more necessar}^, and if declined the 
marked character of such conduct could not be mistaken. 
Under these circumstances it v/ould really seem hard to 
require of me to account rigidly for my absence. 

4 



When a British Naval officer, Admiral Rodney, who 
had not been suspended, nor subsequently treated with 
neglect, was compelled from embarrassed circumstances 
to reside in France, where he was at the commencement 
of our revolutionary war with England, and where, for 
want of funds, he was obliged to remain, the Admiralty 
without solicitation on his part voluntarily offered him 
a command, (which he accepted) and enabled him to re- 
turn home. My case in most respects, is much stronger 
than his. A suspended officer, when his term expires, 
may not hope for employment, unless some overtures 
are made, and there is less inducement to aj)ply, when 
apprehension of neglect of itself a punishment, and if he 
does venture to solicit, I think he deserves some credit. 

Immediately after my arrival in this country, and be- 
fore I had visited. my family, I reported myself, perso* 
nally, at the Navy office for service. I state these facts 
which I shall be able to prove, though I think there is 
a wide difference, on this subject, between an officer 
who has been absent from suspension, and one absent 
on furlough or leave. The latter is voluntary, and he 
may naturally expect employment when bis furlough is 
out ; for that seems to be implied from absence limited, 
which may be understood as fixing the time beyond 
which he could be spared from the service without de- 
triment. In the former case, however, the principle is 
the reverse, and reason and justice appear to require a 
different rule and much greater latitude of indulgence. 

It has been insinuated that when I first reported my- 
self, I was in distant parts, though my absence was from 
necessity. But the government possess facilities of 
correspondence through the medium of their diplomatic 
corps, not accessible to individuals. The conveyance 
of an answer to my letters was an easy thing to the 
Naval department, though a difficult task for me to 
transmit them by a safe opportunity. 

The Secretary could have readily put me in possess- 
ion of the necessary funds, and provided the means of 
conveyance to my country, w^hich were out of my power- 



S7 

Though I never expect to see any other officer placed 
in my situation, yet 1 flatter myself that to enable the 
members of this court to judge more correctly, they 
will make my^case their own, and I am confident they 
will do to others as they would wish those to do unto 
themselves. 

With these observations, hastly prepared since ad- 
journment on yesterday, which are submitted to the 
candid consideration of this impartial and intelligent 
court, I shall proceed with my testimony, only request, 
ing if more or other proof should be required than 1 
have at present in my power or possession, that I may 
be allowed an opportunity of producing it. I have now 
only to thank the court for their indulged attention. 

William Coody, of Norfolk, in the state of Virginia, 
ship master, was produced and sworn as a witness on 
the part of Captain Barron. 

Question, by Captain Barron — Were you at Pernam- 
buco, in Brazil, with Commodore Barron at any, and 
what time ? 

Answer — I was with him at Pernambuco, in the brig 
Brazilian, from Norfolk, in 1809, and at no other time. 

Question^ by the same— Where did Commodore 
Barron lodge when there ? 

Answer — When he first went on shore he lodged at 
a tavern, at some distance from where the vessel lay, at 
the upper end of the town, in company with Mr. Olivera 
Fernandez who was in the brig with us. He after- 
wards removed over to the water side, near where the 
brig lay, in a house which Mr. Farnandez and Com- 
tuodore Barron rented together. 

Question, by the same — Did he ever live or lodge with 
Mr. Lyon, the British Consul while there ? 

Answer — He did not lodge or live with Mr. Lyon^ 
the British Consul, at any time during his stay there, 
which I think was about six weeks or two months. I 
was frequently at the house where Commodore Bar- 
ron was lodged. 



28 

tluestion, by the Judge Advocate — Did you kuoW 
Mr. Lyon, the British Consul at Pernambuco ? 

Answer—^! have seen him fre4juently. 

Question, by the same — Do you know where he lived? 

Answer — I do ; to the left of the king's wharf. 

Question, by the same — Did he ever live at the same 
house with Commodore Barron? 

Answer — He did not. 

John Smith, of Norfolk, in the state of Virginia, 
mariner, was produced and sworn as a witness on the 
pari of Captain Barron. 

Question, by Captain Barron — Were you at Per- 
nambuco, in Brazil, with Captain Barron, at any, and 
what time ? 

Answer — I was in the same brig, the Brazillian, 
with Commodore Barron and Captain Coody, at that 
place, in 1809* we sailed from Norfolk, I think in the 
spring and returned the latter part of summer 

Question, by the same — Where did Commodore Bar- 
ron lodge when there ? 

Answer — I have been at the house where Commo- 
dore Barron lodged at Pernambuco, but do not re- 
member precisely the situation. Commodore Barron 
remained there seven or eight weeks. 

Question, by the same — Did he ever live with Mr, 
Lyon, the British Consul? 

Answer — Not to my knowledge. 1 was at Commo- 
dore Barron's house often. 

Question, by the Judge Advocate —Did you know Mr. 
Lyon, the British Consul? 

Answer — I have seen him there. 

Question, by the same — Where did he live? 

Answer — 1 do not know. 

Question, by the same — Do you know whether he 
lived with Commodore Barron ? 

Answer — I do not. I believe he did not. I think I 
should have known it if he had lived with him. 

QuestioT^, by the same — Do you know who lived at 
the house with Commodore Barron ? 



Answer — Mr. Olivera Fernandez. 

Question, by the court — Did Commodore Barron live 
at more Ihan one house during his stay atPeruambuco? 

Jlnsicer — 1 do not recollect that lie did. 

Question, by the same — Was it a public or a private 
house ? 

Jinswer — A private house. 

QiifstioUf by the same—^WsLS it remote, or convenient 
to the brig ? 

Jinswer — It was convenient ; not more than a quar- 
ter of a mile off. 

Question, by the same — How long was it after the 
brig arrived that you were at Commodore Barron's 
house? 

Jinswer — I do not recollect. 

Captain Barron then offered oflBcial copies of the do- 
cuments hereunto annexed and numbered from (1 to 
5) inclusive, being certificates on file in the Navy de- 
partment, from the honorable John Quincy Adams, 
the honorable Jonathan Russell, and the honorable 
Henry Clay, late Ministers of the United States in 
Europe, and from John M. Forbes, Esquire, late Con- 
sul General of the United States in Denmark, as evi- 
dence of the reasons given by him to the department 
io excuse and justify his absence in Europe. 

The Judge Advocate objected to the said certificates 
being read as evidence of the facts contained in them, 
the same not being on oath. 

The court permitted the said certificates, to be read 
as evidence of the reasons offered by Captain Barron 
to the Navy department in order to excuse and justify 
his absence in Europe. 

Captain Barron then read in evidence, an official copy 
of a letter from himself to the Secretary of the Navy, 
dated Copenhagen, July SSd, 1813, and a letter of the 
same date from the same to the same, marked " pri- 
vate,^' both of which said letters are hereunto annexed, 
marked D. and'E 



30 

Captain Barron then applied to the Court for per mis « 
sion to examine upon interrogatories, in writing, with the 
consent of the Judge Advocate, the following witnesses, 
being persons not in the military or naval service of the 
United States : 

The honorable John Quincy •3dams, 

The honorable Henry Clay, 

The honorable Jonathan Russell, 

Michard Law, esquire, 

William Law, esquire, 

John A. Barclay, esquire. 
The Court granted permission accordingly, and di- 
rected Capt. Barron to prepare interrogatories to the 
said witnesses, and the Judge Advocate to file cross-inter- 
rogatories, and to lay them before the Court on Monday. 
The Court adjourned to Monday next 10 o'clock. 

Monday, May 14, 1831. 

The Court met pursuant to adjournment. — Present 
as on Saturday. 

The Judge Advocate read a letter from the hon. Jon- 
athan Russell to the Judge Advocate, dated Men den. 
May 9th, 18:^1, stating the impossibility of his attend- 
ing the Court as a witness. 

The interrogatories to the hon. Henry Clay, were set- 
tled, and the Judge Advocate directed to transmit the 
same to that gentleman, with a request that he would 
answer them, and make oath to his answers before some 
competent magistrate. 

Captain Barron exhibited his direct interrogatories to 
the other witnesses, and the Judge Advocate was direct- 
ed to file cross-interrogatories and exhibit them to the 
Court to-morrow . 

Captain Barron requested that in addition to the other 
witnesses the following persons might be examined in 
writing, with the consent of the Judge Advocate : 

Benjamin Romans, esquire, chief clerk in the 
Navy Department, 



31 

Mobert Vary Jennings, esquire, 
William A, Armestead, esquire. 
His request was granted by the Court^ and interroga- 
tories directed to be filed. 

The Court adjourned until to-morrow at 10 o'clock. 

Tuesday, May 15, 18S1. 

The Court met pursuant to adjournment. — Present 
as on yesterday. 

The interrogatories to the witnesses to be examined 
in writing, were settled ; and the Court adjourned to 
to-morrow at 10 o'clock. 

Wednesday, May 16, 1821. 

The Court met. — Present as on yesterday. 
The witnesses not attending, the Court adjourned to 
to-morrow 10 o'clock, 

Thursday, May 17, 18S1. 

The Court met. — Present as on yesterday. 

Richard Jeff ray Cleaveland. of Lancaster, in the state 
of Massachusetts, was sworn as a witness and examined. 

Qitestion, by Captain Barron — Were you acquainted 
with Commodore Barron at Copenhagen at any, and 
what time, and how long ? 

Answer — I was acquainted with Commodore Barron 
from the time of his arrival in Copenhagen in 1812, 
until June or July, 1813, and very intimate with him. 
I left him there in June or July, 1813. 

Question, by the same — What was commodore Bar- 
ron's character or conduct at Copenhagen at that time ? 

Answer — That of a friend of his country. He al- 
ways rejoiced at any of our national victories as much 
as any American, and lamented every disaster that 
occured. I remember particularly his expressing his 
regret at General Hull's capture. 

Question y by the same — Were you during your stay 
at Copenhagen, frequently very long without receiving 
any intelligence from this country ? 



Answer — Yes, and equally long in communicating 
with the United States. 1 was sometimes nine or ten 
months in hearing from my family, and they as 
long in hearing from me, though I sent letters to bo 
transmitted by the way of France. 

Question^ hij the same — Were you not sometimes 
\ ery long without hearing from France ? 

Answer — Yes, sometimes several mails were succes- 
sively intercepted, so that we were a long time withoul 
hearing from France. 

Question, by the same — Were you acquainted with 
the situation and circumstances of Captain Barron at 
Copenhagen ? 

Jinswer — He was deficient in funds, and his circum* 
stances embarrassed. Jlis property was diminished 
by the depreciation of paper money, and the mi^ctm- 
duct of a commercial house to whom he and myself 
were consigned. By his property witness means the 
property he represented. 

Question, by the same-— Do you know of the return 
of any vessel to the United States, from the north of 
Europe during your residence there, except the pilot 
boat Champlin ? 

Answer — None but the Champlin and the Corvett* 
John Adams. 

Question, by the same — When did the Champlin re- 
turn? 

Answer — She returned in the autumn of 18 IS, 

Question, by the same — Did she receive any passen- 
gers on board except one who was connected with the 
expedition ? 

Answer — I know of none but Captain Richard Law. 
1 think he was connected with the expedition. 

Question — Was she considered by you a safe vessel 
in which you would have returned? 

Answer — Not at that season of the year. She was 
rendered more unsafe from the precipitation with which 
^he was equipped, not having ballast enough. 



as 

Question^Wid you attempt to return by the way of 
England ? 

Answer-^1 came from Copenhagen to Hamburg, in- 
tending to go to Heligoland, in August, 18 1 3, but infor- 
mation was received through Mr. Forbes from Mr. Bar- 
clay, our agent for prisoners in England, who stated 
that it was not safe for Americans to come there. I was 
then making the attempt in the character of a merchant, 
which i then was. 

Question^ by the same — Did you attempt to get to a 
port in France from Hamburg ? 

Answer — There was great difficulty in September, 
1813, when I left Hamburg, in getting permission from 
the French authorities to proceed to France : extremely 
difficult for an American to get a passport. The diffi- 
culty was much increased by the advance of the Rus- 
sian^ to besiege Hamburg. I finally obtained a pass- 
port by the influence of a house at Hamburg, to travel 
with a French courier, who was obliged to take a cir- 
cuitous route in order to escape the Cossacks who had 
crossed the Elbe. Previous to my leaving Hamburg 
we had accounts of several mails being intercepted. I 
got to Brussels with the courier, upon a cart with two 
wheels without springs ; a very fatiguing journey. We 
were five days and nights in reaching Brussels, 

Question f by the same — How long were you at Ham- 
burg before you procured this passport ? 

Answer — About two months. I first made an at- 
tempt to get to France with a French passport: then to 
Heligoland : and afterwards renewed the attempt to 
get a French passport, and at last succeeded. 

Question — Where did you find a vessel ? 

Answer — I went from Brussels to Paris, thence to 
Nantz ; there was one vessel at Nantz for the United 
States ; but I thought her prospect of arriving unfa- 
vourable, and hearing of another at Bordeaux, det^r= 
mined to proceed thither. 

Question — Where did you hear of the vessel that 
was to go from Nantz ? 



34 

Answer — I heard of it at Paris where I remained a 
fortnight. 

Question by the same — What vessel did you find at 
Bordeaux ? 

Answer — The schooner Mary, of Mew York, a let- 
ter of Marque. 

Question — How long was it from the time yott left 
Copenhagen till you embarked at Bordeaux ? 

Answer — I left Copenhagen in June, 1813, returned 
again to Copenhagen, and finally departed from Co- 
penhagen in July, 1813, und finally embarked at Bor- 
deaux, in January, 1814. 

Question by the same — Was this the first and only 
vessel you heard of, that afforded you a reasonable 
prospect of a return to the United States ? 

Answer — Yes. 

Question by the same — On what terms did you get a 
passage ? 

Answer — By putting in my proportion of stores, and 
engaging to assist in defending her like any other indi- 
vidual on board. 

Question by the same — Do you recollect of Captain 
Barron's writing to the Navy department while at Co- 
penhagen ? 

Answer — Yes. Soon after his suspension expired. 
I do not remember any earlier opportunity. 

Question by the same — Do you remember his anxiety 
to return home, in order to offer his services ? 

Answer — I do. We were frequently together, and 
dined together almost every day. 

Question by the same — From your knowledge of the 
state of the country, and the difficulties you encountered 
in getting home, do you think that Captain Barron 
could have reached home by the way of England ? 

Answer — No ! 1 have no idea he could have returned 
by the way of England. 

Question — What would it have cost him to proceed 
by the same route you did ? 



B5 

JLyisweV'—'Wiih the delays, it would have cost seven 
or eight hundred dollars, passage included. 

Question — Do you recollect your own expenses ? 

^Inswer — I do not. The vessel I returned home in, 
was in want of men, and I got my passage by engaging 
to assist in defending her. 

Question by the same — From what you know and 
saw of Captain Barron's conduct, do you believe that 
if he had had the funds and an opportunity, he would 
have returned to the United States? 

Ansiver — I am sure he would. 

Question by the same — During your stay at Copen- 
hagen, did you hear of any opportunities from the 
French ports? 

Answer — No ! I proceeded upon an uncertainty. 

Question — What was the depreciation of the currency 
in Denmark from the time the property under Captain 
Barron's charge was sold ? 

Answer — It had depreciated before, and was much 
more depreciated after. Captain Barron's arrival; so 
that it became worth only 480 paper dollars for a pound 
sterling : and after the failure of Count Bernstoff's mis- 
sion to London, it was of no value whatever, so that I 
lost my own property totally. 

Question by the same — Was not Captain Barron, 
during your stay at Copenhagen, as warm in his attach- 
ment to his country as any American there? 

Answer — None more so. No one rejoiced more at 
our victories, or more sincerely lamented our defeats. 

Question by the same — Do you know whether Capt. 
Barron engaged in any business which he would not 
have abandoned in order to return to the United States? 

Answer — He had none except that of the ship in 
which he came, which was closed soon after his arrival. 
He had no other business that could have prevented his 
return. 

Question by the same— Was he engaged in any trade 
inconsistent with the character of an American citizen* 
or the honor of an American officer ? 



36 

AnsweT'^'No ! Nor was he engaged in any trade 
under British licenses. I must have known it, if he 
had been. 

Question, by the Judge MvocatC'-^WeTe there any, 
and what opportunities for an American officer or citizen 
to return from Copenhagen to the United States by the 
north of Europe, or France, duriiig the late war ? 

Answer — No others that 1 know of than what 1 have 
before mentioned. 

Question, by the same — Were there none from Got- 
tenburg in neutral vessels ? 

Answer — I did not hear of any at Copenhagen ? 

Question, by the same — Were there not at some pe- 
riod or periods, free opportunities of travelling from 
Copenhagen to France ? 

Answer — There was a difficulty in obtaining pass- 
ports from the French authorities, they having been 
much abused by Englishmen pretending to be Americans. 

Question, by the same — Could money have been ob- 
tained in 1813 by a bill on the United States treasury? 

Answer — I should think not. It is not a usual 
mode of raising money. 

Question, by the same — Do you know of any Ame- 
rican or neutral vessels, arriving from the north of Eu- 
rope or France, during the late war, and without touch- 
ing in England or obtaining a British license ? 

Answer — I know of no other except what I have be- 
fore mentioned. 

Question by the court — Did the French assign any 
other reason, than the impositions which had been prac- 
tised, for refusing passports ? 

Answer — The difficulty was general in respect to the 
interruption by the armies, and peculiar as regarded 
Americans, but was surmounted iu some particular in- 
stances. 

Question, by the same — From your knowledge of 
the system pursued by the French police, do you think 
there would have been any objection on their part to 
granting Com. Barron a passport ? 



37 

^inswer-^l do not know. But my own passport 
from the governor of Massachusetts would not have 
been suflBcient without the aid of the influence of the 
house I spoke of at Hamburg ? 

Question, by the same — When did you leave Copen- 
hagen for the last time, in order to return to the United 
States, and how long were you in reaching the U. States? 

Answer — I left it in July, 1813, and arrived in this 
country the last of February, 1814. 

Question, by the same — What would have been the 
expense of living at Copenhagen as Captain Barron 
lived ? 

Answer — Not more than 8 or 9 Spanish dollars per 
week. 

Question, by the same — Do you know of any appli- * 
cations of Captain Barron, to citizens of the United 
States, in Europe, for pecuniary means, oi^ voluntary 
offers on their part of such means ? 

Answer — I know of none ? 

Question, by the same — W^ould it have been difficult 
for Captain Barron to procure such means from indivi- 
duals ? 

Answer — Yes. 

Question, by Captain Barron — Were you in a situa- 
tion to supply him ? 

Answer — No ! And he was as intimate with me as 
with any other person. 

No other witnesses being present, the court taking 
into consideration the length of time required to obtain 
the depositions of the witnesses who are to be examined 
upon interrogatories, some of whom reside at a great 
distance, adjourned to the 6th day of July, 10 o'clock. 

Friday, July Qth, IS^il. 
The Court met pursuant to adjournment. 
Present — Captain Charles Stewart, President, 
Captain Samud Evans, ^ ^i^^i,^^^ 
Captain Charles Morris, 5 ^^^^^^^^^^ 
Judge Advocate. 



3.8 

Captain James Barron and his counsel appeared, and 
the Judge Advocate read to the Court the following de- 
positions of witnesses, examined upon interrogatories 
by consent. 

Interrogatories to be administered to John A. Barclay, 
esquire, of the city of Philadelphia, on the part of Cap- 
tuin James Barron, of the Navy of the United States : 

1st. Were you in the Brazils at any, and what time, 
and how long in the year 1811 ? If yea ; were you at 
the cities of Pernambuco and Rio Janiero, and how long 
did you remain at each of those places ? 

2d. Did you at Pernambuco become well acquainted 
with Mr. Lyon, the British consul at that port ? Were 
you frequently in his company, and had you free and fa- 
miliar conversations with him? What was his character? 
Did you ever hear him say or insinuate that Capt. Bar- 
ron had, in conversation, or in his presence, used any 
language disrespectful to his government, or reflecting 
on them in any manner? 

3d. Were you well or intimately acquainted with Mr. 
Goodwin, who has cirfeulated a report unfavorable to the 
character of Capt. Barron ? Did you live in the same 
house with him during your stay at Pernambuco, and 
whose house was it ? Had you free and frequent conver- 
sations with him ? Did he ever mention to you, or in 
your presence or hearing any thing unfavorable to the 
character of Capt. Barron as an officer or a man ? 

4th. Did you become acquainted with Capt. Lewis^ 
of the United States Navy at Rio Janiero ? Were you 
often in his company, and had you frequent conversa- 
tions with him ? Did you ever hear him mention any 
report unfavorable to Capt. Barro-n ? 

5th. Do you believe if such report had been in circu- 
lation in Pernambuco or Rio Janiero from your know- 
ledge of, and general acquaintance with, the citizens of 
the United States and others in those places when you 
remained in the Brazils, that you would have heard of 
it during your residence in that country ? Did you ever 
hear of any such report whilst in the Brazils ? 



39 

6th. Do you know of any other matter or thing that 
may be of benefit or advantage to Captain Barron? If 
yea, relate the same fully and at large, as if you had 
been thereunto particularly interrogated? 

Cross-interrogatories, to be administered to John A. 
Barclay, esquire, of the city of Philadelphia, on the 
part of the United States : 

1st. What was the character of Mr Goodwin and 
Captain Lewis, for truth and veracity ? 

2d- Do you know of any other matter or thing, that 
may be of advantage to the United States in the present 
enquiry ? If yea, state the same fully and at large, as if 
you had been thereunto particularly interrogated ? 

H. WHEATON, Judge Mvocate. 

Additional Interrogatories on the part of Captain 
Barron : 

Was Mr. Goodwin a man of warm passions and has- 
ty temper; and when his feelings were excited, was 
he not extremely violent on political subjects or any 
thing connected with them ? Was he not a decided 
and warm partizan ? 

Answers to interrogatories on the part of Captain 
James Barron of the Navy of the United States. 

JlnsweVf to the ist Interrogatory — I was in the Bra- 
zils about 6 months, say from July to December 1811. 
I was in Pernambuco about 6 weeks, and in Rio Jane- 
iro about S| months. 

Answer, to the 2d. — I became acquainted with Mr. 
Lyon in Pernambuco. I was frequently in his compa- 
ny, usually when others were present — the conversa- 
tion wae on general subjects, mostly commercial. — He 
was a very respectable man, modest and unassuming 
and rather reserved in conversation. — I never to my re- 
collection heard him say or insinuate that Capt. Barron 
had, in conversation or in his presence, used any lan- 
guage disrespectful to his government, or reflecting on 
them in any manner. 



40 

dnswer, to the Zd, — I was acquainted with Mr. 
Goodwin ; I lived in the same house with him during 
my stay in Pernambuco. — Mr. M*Crohon occupied the 
house — he was the consignee of Mr. Goodwin and my- 
self— I had free and frequent conversations with him 
(Mr. G.) — I do not recollect ever hearing him say any 
thing unfavourable to the character of Capt. Barron, as 
a man or an officer. 

Answer, to the 4ith. — I became acquainted with Cap- 
tain Lewis of the United States Navy, at Rio Jane- 
iro — I saw him almost every day — there were usually 
others present. — 1 never heard him mention any report 
unfavourable to Capt. Barron. 

Answer, to the' 5th, — I do believe if such report had 
been in circulation when I was there, I would have 
heard of it — I never did to my recollection hear of any 
such report whilst in the Brazils. 

Answer, to the 6th. — I do not. 

Answers to the cross -interrogatories on the part of the 
United States : 

Answer, to the ist. — I never heard any thing to th^ 
disparagement of either of the gentlemen in those res- 
pects. 

Answer, to the 2d. — I do not. 

Answer to the additional interrogatory on the part 
of Captain Barron : 

Mr. Goodwin was a man of quick temper, and on po- 
litical subjects I considered him very ardent. — He was 
a very warm friend to the then existing administration 
of the United States. 

JOHN A. BARCLAY. 

COMMONWEALTH OF PENNSYLVANIA, >^ 

City of Philadelphia, 3 

Be it remembered, that on this eighteenth day of 
June, A. D one thousand eight hundred and twenty- one, 
personally appeared^before me, the subscriber, Mayor 
of the city aforesaid, John A. Barclay, who being duly 



4ii 

sworn according to law, did declare and say that the 
facts set forth in the foregoing statement and by him 
subscribed, are as he believes just and true. 

In witness whereof 1 have hereunto set my 
[seal] hand and caused the seal of the city, to be 
affixed the day and year above written. 

ROBERT WHARTON, Mayor, 

Interrogatories to be administered to Doct. M. Phil- 
lips, of the United States Navy, on the part of Captain 
James Barron of the same Navy : 

1st. Were you in the Brazils at any, and what time, 
in the year 1811. — If yea, were you at the cities of Per^ 
nambuco and Rio de Janiero, and how long did you 
remain at each of those places? 

2d. Did you at Pernambuco become acquainted with 
Mr. i^yon, the British consul at that port ? Were you 
frequently in his company, and had you free and fa- 
miliar conversation with him? What was his character? 
Did you hear him say or insinuate that Captain Barron 
had in conversation, or in his presence, used any lan- 
guage disrespectful to his government, or reflecting on 
them in any manner? 

3d. Were you well or intimately acquainted with 
JVIr Goodwin, who has circulated a report unfavoura- 
ble to the character of Captain Barron ? Did you live 
in the same house with him during your stay in Per- 
nambuco, and whose house was it? Had you free 
and frequent conversations with him ? Did he ever men- 
tion to you or in your presence or hearing, any thing 
unfavourable to the character of Capt. Barron, as an 
officer or a man ? 

4?th. Did you become acquainted with Capt. Lewis of 
the U. S. Navy at Rio de Janiero ? Were you often in 
his company, and had you frequent conversations with 
him ? Did you ever hear him mention any report unfa- 
vourable to Capt. Barron ? 

6 



5th. Do you believe if such report had been in cir- 
culation in Pernatnbuco or Rio de Janiero, from your 
knowledge and general acquaintance with the citizens 
of the United States, and others, in those places when 
you remained in the Brazils, that you would have heard 
of it when you remained in that country ? Did you ever 
hear of any such report whilst in the Brazils ? 

6th. Do you know of any other matter or thing that 
may be of benefit or advantage to Capt. Barron ? If yea, 
relate the same fully and at large, as if you had beer, 
particularly interrogated thereunto. 

Cross -interrogatories to be administered to Doct. M. 
Phillips of the United States Navy, on the part of the 
United States : 

1st. What was the character of Mr. Goodwin and 
Capt. Lewis, for truth and veracity ? 

2d. Do you know of any other matter, or thing, tha,t 
may be of advantage to the United States, in the present 
enquiry ? If yea, state the same fully and at large, as if 
you had been thereunto particularly interrogated. 

Additional interrogatory on the part of Capt. Barron : 

Was Mr. Goodwin a man of warm passions and has- 
ty temper, and when his feelings we^'e excited, was he 
not extremely violent on political subjects or any thing 
connected with them? Was he not a decided and warm 
partizan ? 

Answers to interrogatories on the part of Capt. James 
Barron, of the Navy of the United States : 

Answer first. — I was in the Brazils about three 
months, from August to November, 1811. — I was at Rio 
de Janiero about six or seven weeks. 

Answer secowdf.— I saw Mr. Lyon, to the best of my 
recollection, several times ; my opportunities for con- 
versing were so very limited, that I could not form any 
idea of his character than by general report, which was 
favourable ; to me he appeared, a reserved and unassu- 
ming man ; I never heard him speak of Commodore 
Barron. 



Answer third. — I knew Mr. Goodwin ; saw him fre- 
quently at Pernambuco ; Mr. Goodwin also went pas- 
senger from Pernambuco to Rio de Janiero, in the shij^ 
to which 1 was attached, consequently I had free and 
unrestrained communication with him ; I do not recol- 
lect ever hearing him speak of Commodore Barron in 
terms of disrespect. 

Answer fourth. — I knew Captain Lewis intimately ; 
I sailed with him in the ship which he commanded, in 
June, 1811, on a voyage to the Brazils and China ; and 
at this distant period, I cannot recollect to have heard 
him speak of Commodore Barron. 

Jinswer fifth, — I never heard the report alluded to, 
whilst in Pernambuco and Hio de Janiero ; 1 do believe if 
such report had been in circulation, as my acquaintance 
was pretty general, particularly with my countrymen, 
Ishould doubtless have heard something of it. — The 
only conversation I had relative to Commodore Barron, 
was with Mr. M^Crohon, the consignee of the ship Capt. 
Lewis commanded ; he spoke of him in very flattering 
terms of approbation — and I have a perfect recollection 
of his saying that Com. Barron was generally esteemed 
in Pernambuco, by those who knew him, as a man of 
correct, gentlemanlike, and dignified deportment. — Mr. 
M^Crohon was a man of very communicative disposi- 
tion, and I do not in the least hesitate in saying, had 
any report unfavourable to Commodore Barron existed, 
he certainly would have informed me of it, knowing 
that both Capt. Lewis and myself were attached to the 
United States Navy. 

Jinswer sixth, — I do not. 

Answers to the cross-interrogatories on the part of the 
United States : 

Answer first, — During my acquaintance with Mr. 
Goodwin, I never understood that his veracity was 
questionable, — From my long and inti.mate acquaintance 
with Capt. Lewis, 1 confidently believe him to have 
been a man who paid the strictest regard to truth, and of 
the most scrupulous integrity. 



44 

Answer second, — I do not. 

Answer to the additional interrogatory on the part of 
Commodore Barron : 

Mr. Goodwin was a very young man, 1 should sup- 
pose about eighteen years of age ; ardent in his feelings, 
very free in conversation, particularly on political sub- 
jects when excited by contradiction ; he was a zealous 
friend to the then existing administration. 

M. PHILLIPS. 

CITY OF PHILADELPHIA, ss, 

Beit remembered, that on this fifth day of July, A. D. 
one thousand eight hundred and twenty-one, personally 
appeared before me, the subscriber, mayor of the city 
aforesaid, Doctor M. Phillips, who being duly sworn, 
according to law, did declare and say, that the facts set 
forth in the foregoing statement, and by him subscribed^ 
are, as he believes, just and true. 

In witness whereof, I have hereunto set my 

[seal] hand, and caused the seal of the city to be 
affixed, the day and year above written. 

ROBERT WHARTON, Mayor. 

Interrogatories to be administered to Robert Cary 
Jennings, esquire, of the Borough of Norfolk, in Vir- 
ginia, on the part of Captain James Barron, of the Navy 
of the United States : 

1st. Are you intimately acquainted with the situation 
and circumstances of Captain James Barron, and how 
long have you known his condition in life, and his pri- 
vate circumstances ? 

2d. What has been the profession or calling by which 
he maintained his family, and what was the state of his 
fortune, or prospects, when he was suspended from the 
service and pay of the United States? From your 
knowledge, information, or belief, were he and his fa- 
mily dependent on his exertions as a seaman, for their 
support ? W ere his family numerous ? 



45 

3d. Was he cunipelled to embark iu the merchant 
service in order to maintain himself and family ? Do 
you recollect of his sailing in that service early in the 
year 1812, for Europe, and of his being detained there 
in consequence of the war with England, from the want 
of funds, and the difficulty of finding a passage home? 
What was the situation of his family in his absence ? 
Was it such as absolutely to require his return if it had 
been within his power, and was it his inability alone 
that prevented it ? 

4th. Do you know of any other matter or thing, that 
may be of benefit or advantage to Captain Barron ? If 
yea, relate the same fully and at large, as if you had 
been thereunto particularly interrogated. 

Interrogatories to be administered to Robert Cary 
Jennings, Esqr. on the part of the United States : 

1st. Please to state particularly what was the nature 
of the business which carried Commodore Barron to 
Europe in 1812, and what compensation he was to re- 
ceive or did actually receive for transacting the same? 
Whether such business was on bis own account or on 
account of others. What became of the property or 
funds entrusted to his care, or which he carried out on 
his own account? What were his resouces 6r means of 
living in Denmark. 

2d. What were the causes which detained Com. 
Barron in Europe after the peace with Great Britain. 

3d. Do you know of any other matter or thing 
which may be of benefit or advantage to the United 
States in the present enquiry ? If yea, state the same 
fully and at large as if you had been thereunto more 
particularly interrogated. 

H. WHEATON, Juds;e Mvocate. 

Answer to the ist hit err o gator ij on the part of Capt. 
James Barron. 

I have been long and intimately acquainted with Cap- 
tain James Barron, his situation, circumstances and con- 



4^ 

dition in life have been known to me, ever since I began 
to notice either persons or things. I can say with con- 
fidence that his private affairs are well known to me. 

Answer, to the %d interrogatory. — His profession has 
always been that of a mariner, by it he maintained his 
family before he entered the service of the United 
States, and when in that service their maintenance de- 
pended solely on his pay. When he was suspended 
by the sentence of the naval court, destitute of all 
means of supplying their wants in consequence of the 
suspension of his pay as an oflBcer in the service of the 
United States, he was necessitated to seek employment 
in the service of merchants, I, with others, employed 
him to take charge of a vessel (burthen about one hun- 
dred and seventy tons) destined to Pernambuco, in 
South America. While performing that voyage the 
greatest part of his wages were paid to his wife, for the 
support of herself and children during his absence. For 
economy he rented a plantation near Hampton on which 
they lived. When he was out of employ I have seen 
him labouring on this plantation. He has not to my 
knowledge any landed possessions, and a large and 
growing family has not permitted him to accumulate 
but little if any personal property. 

Ansiver, to the Sd interrogatory. — I have already stat- 
ed that he was compelled to engage in the merchant- 
service to maintain his family. I know that early in 
the year 1813, he was employed by Messrs. Armistead 
and Kelly, to make a voyage to Europe. I know no- 
thing of the particulars of that voyage, as I was no 
ways interested in it. But from a knowledge of his 
circumstances, T am satisfied his detention there was 
not from the want of inclination to return to the United 
States, but from the want of the means to effect it. 

Jnsuier tothdith interrogatory. — All that 1 can say 
in answer to this interrogatory is that I was often in 
company with Captain James Barron, after the affair of 
the Chesapeake, and that during tht* sncpension of his 
services he was in the employ of myself and others, a;? 



47 

I have stated. That during ray intercourse with him, 
and all the conversations with me and with others in my 
presence, he bore with patience and fortitude the inflic- 
tion of a hard sentence, without ever uttering any ex- 
pressions that in any manner could be construed into 
any charge against the government of the United States, 
particularly that of having a design by sacrificing him 
to bring on a war between the U. States, and G. Britain. 
I believe that had he entertained such an opinion, 
from my intimacy with him, he would have expressed 
it to me. 

As to the interrogatories exhibited on the part of 
the United States, 1 can answer and say that all ihe 
knowledge I have of Commodore Barron, his cir- 
cumstances and condition in life, and (very thing » Ise 
touching his affairs whether in public or private liJe, 
I ha\e stated as fully and clearly as I am able to do in 
my answers to the interrogatories exhibited on the part 
of Commodore James Barron, and to which I respect- 
fully beg leave to refer. Were I to answer the interro- 
gatories on the part of the United States, 1 should be 
compelled to repeat and to copy word for word the an- 
swers already given. 

ROBERT C. JENNINGS. 

VIRGINIA, JYorfolk borough, to wit : 

I, JOHN E. HOLT, Mayor of the borough afore- 
said, do hereby certify, that Robert C. Jennings, perso^ 
nally appeared before me in the borough aforesaid, and 
made oath on the Holy Evangelists ot Almighty God, 
that the answers before written to certain interrogatories 
administered on the part of Captain James Barron, of 
the Navy of the United States, and on the part of the 
United States, and hereto annexed, contain a full dis- 
closure of the facts that come to his knowledge in reply 
to the said interrogatories. 

Given under my hand and seal, this S3d day 
of June, 1821. 

JNO. E. HOLt, Mayor, [seal] 



48. 

Interrogatories to be administered to Robert Carj 
Jennings, in the borough of Norfolk in Virginia, on 
the pa,rt of Captain James Barron, of the Navy of the 
United States. 

1st. Are you intimately acquainted with the situation 
and circumstances of Captain James Barron, and how 
long have you known his condition m life, and his pri- 
vate circumstances. 

Sd. What has been the profession or calling by which 
he maintained his family, and what was the state of his 
fortune or prospects when he was suspended from the 
service and pay of the United States ? From your 
knowledge, information, or belief, were he and his family 
dependant on his exertions as a seaman for their support ? 
Were his family numerous ? 

3d. Was he compelled to embark in the mer- 
chant service, in order to maintain himself and family ? 
Do you recollect of his sailing in that service early in 
the year 1812, for Europe, and of his being detained 
there in consequence of the war with England, from the 
want of funds, and the difficulty of finding a passage 
home ? What was the situation of his family in his ab- 
sence ? Was it such as absolutely to require his return 
if it had been within his power, and was it his inability 
alone that prevented it ? 

4th. Do you know of any other matter or thing that 
maybe of benefit or advantage to Captain Barron? If 
yea, relate the same fully and at large, as if you had 
been thereunto particularly interrogated. 

Interrogatories to be administered to Robert Cary 
Jennings "on the part of the United States. 

1st. Please to state particulary what was the nature 
of the business which carried Commodore Barron to 
Europe in 1812, and what compensation he was to re- 
ceive or did actually receive for transacting the same ? 
Whether such business was on his own account, or on 
account of others ? What became of the property or 
funds entrusted to his care, or which he carried out on 



4S 

his own account? What were his resources or means 
of living in Denmark ? 

2d, What were the causes which detained Commo- 
dore Barron in Europe after the peace with Great Bri- 
tain? 

3d. Do you know of any other matter or thing which 
may be of benefit or advantage to the United States in 
the present enquiry ? If yea, state the same fully and 
at large as if you had been thereunto particularly inter- 
FO^rated 

H. WHEATON, Judge Mvocate. 

The deposition of William A. Armistead, taken on 
behalf of Commodore James Barron, before John E. 
Holt, Mayor of the borough of Norfolk, on the Slst 
day of June in the year of our Lord 18S1, in answer 
to the interrogatories hereto annexed, propounded to 
another witness, Robert Cary Jennings, and to be read 
in evidence before a naval court of enquiry, to be held 
at the Navy Yard in the state of New York, to enquire 
into the conduct of the said James Barron. 

In answer to the ist interrogatory, he says : — I am 
intimately acquainted with Commodore James Barron, 
and have been for upwards of twenty years : and have, 
during that time, known his condition in life and his 
private circumstances. 

In ansicer to the %d interrogatory, he says : — Before 
Commodore Barron entered the Naval service of the 
United States, he was a seaman by occupation, and 
maintained and supported his family by this occupation 
alone. When he was suspended from the service and 
pay of the United States, I have always understood, 
and believe that he was without fortune, and that the only 
means left him for the support of his family, was in the 
resumption of his occupation in the merchant-service. 
His family consisted of a wife and five unmarried 
daughters, who resided in a rented house. 

In answer to the 3d interrogatory, he says : — He did 
enter into the merchant-service, as the only means left 

7 



50 

him, as I understand, io maintain himself and family. I 
know that he did go to Europe early in the year 181 S, 
as master of the American merchant ship Portia, owned 
by me, and my deceased partner, George Kelly ; and I 
always understood, and believe, that he was detained in 
Europe in consequence of the war with England, and 
for want of means to return to this country. His family 
during his absence, were in very shattered and distress- 
ed circumstances ; and required his return if he could 
have effected it. In the year 1813, the house in which 
he formerly resided was consumed by fire, and the 
greater part of the furniture was destroyed. During 
that year, 1 remitted in different sums, at various times, 
to the amount of about two hundred dollars to Mrs. 
Barron, his wife, for the support and maintenance of his 
family. I have always understood, and do believe, that 
he would have returned -to the United States, during 
the war with England, if it had been in his power. 

In answer to the fourth interrogatory ^ he says : — I 
know nothing. 

In answer to the first interrogatory on the part of the 
United States, he says : — 

My partner before named, and myself, loaded the 
ship Portia in the month of March, 181S, and gave the 
command of the vessel to Commodore Barron, and 
made him supercargo, with instructions to remit part 
of the funds to our correspondent in London. His 
compensation was the usual one allowed to Captains in 
the merchant-service, forty dollars per month and two 
and an half per cent, commission on the sales. The ar- 
rangement was made with him, in my absence, by the 
late Theodorick Armistead, who entertained, as I did, 
a great respect for Commodore Barron, and a wish to 
aid him, as we knew that he had a destitute family. 
He had no portion of the cargo. The vessel went to 
sea, about the 5th of April, 181S, and proceeded to 
Lisbon. She arrived there in the beginning of May, 
181S ; the cargo was there disposed of, and the pro- 



51 

ceeds remitted by Commodore Barron to London, ac- 
cording to our instructions, except a sum, invested by 
him in a cargo of fruit, &c. with which he sailed in the 
vessel, and arrived at Gottenburg early, about the 3d of 
July, 1812. From there permission having been ob- 
tained for the purpose, the vessel proceeded with her 
cargo to Copenhagen. The war with Grreat Britain 
there detained him. Our correspondents in London 
informed us, that believing the vessel might be well em- 
ployed, they had sent to him at that place, a British li- 
cense for the vessel, which he refused to accept or sail 
under. This license was purchased, without our know- 
ledge or consent, by our correspondents ; and we re- 
fused to pay for it, as being not only unauthorised, but 
eontrary to our wishes. In a letter to us from the said 
James Barron, dated on the «th of September, 1812, 
alluding to the license, ha expressed himself in these 
words : '^ On no consideration can I be induced to sail 
under a British license, w hile I hold my claim to the 
character of an American citizen ; if my destiny de- 
prives me of that character, I must then dispose of ray- 
seilf as fate directs.'^ The vessel was afterwards sold 
for S 7j^00 of which sum jS 7,000 was remitted to us in 
a bill drawn by George Law on Hugh Thompson of 
Baltimore ; the remaining 500 dollars were retained by 
Commodore Barron to pay his own expenses, and that 
of his crew, among whom were four apprentices, one of 
whom was my brother, and his servant. This is the 
only money of ours which he had in his possession, 
and 1 am not apprised, nor do I believe that he had 
other means of living in Denmark, unless it was by the 
exertion of his mechanical talents, and his knowledge 
of mechanics. The proceeds of the cargo went into 
the hands of the Danish government, and could not be 
obtained by Commodore Barron, although I am entirely 
satisfied he used every means to obtain it, and I mean to 
make it the subject of a demand through our govern- 
ment. I am perfectly satisfied with the integrity and 
oorrprtttPss of Commodore Barron's conduct as an agent* 



To the 2d interrogatory, on the part of the United 
States, he says : — 1 know nothing. 

To the ^th interrogatory, on the part of the United 
States, he says : — I have no knowledge. 

W. A. AKMISTEAD. 

STATE OF VIRGINIA, 

Borough of J^Torfolk, to wit : 

I, JOHN E. HOLT, Mayor of the borough of Nor- 
folk, do hereby certify, that the foregoing deposition of 
William A. Armistead, was taken, sworn to, and sub- 
scribed before me, in answer to the interrogatories here- 
to annexed, on the day and year in the caption thereof 
mentioned. 

£l. s.] In witness whereof, I have hereto set 

my hand and seal official. 

"^ JOHN E. HOLT, Mayor. 

Interrogatories to be administered to Richard Law, 
and to William Law, junior, on the part of Captain 
James Barron of the Navy of the United States. 

1st. Were you acquainted with Captain Barron, at 
any, and what time, and how long, during your stay or 
detention in Copenhagen, from the year 1810, to 
the fall of the year, 1814? If yea, what was his situa- 
tion, business, and conduct there? Was his character 
and his uniform course in private, and in public, such ai 
to gain him the esteem, respect, and confidence of his 
countrymen at that place, and of the people generally ? 

2d. After war was declared by the United States 
against England, did he on all occasions, speak and act 
like a genuine American ? Did he manifest the feelings 
of a man, jealous of the honor and sensible of the rights 
and interests of his country ? Did he not appear to re- 
joice over her victories, and to lament her disasters? 

3d. When the term of his suspension expired, was 
he not extremely anxious to return home ? What exer- 
tion did he make for the purpose ? What embarrass- 



58 

inents and difficulties prevented it ? Were not his funds 
and hU means very limited? Did not the war and the 
state of Europe present obstacles almost insuperable? 
Could he have had any reasonable expectation of reach- 
ing the United States, by the way of England ? State 
the difficulties interposed to this course ? Could he have 
landed in England as an anerican Naval Officer, with- 
out being made a prisoner of war ? Did not England, 
in consequence of the United States having seized some 
of her subjects as hostages, threaten to retaliate on 
American citizens? If Captain Barron had gone to 
England without his uniform, would he not have been 
taken up under the alien system, or perhaps as a spy ? 
Were there any opportunities from the North of Europe 
that afforded a reasonable prospect of a safe return to 
the United States, that were known to Captain Barron 
and within his power? 

4th. What were the numerous, and almost insur- 
mountable obstacles that prevented a journey by land 
from Copenhagen to Bordeaux ? State the same parti- 
cularly ? Whether the march and retreat of armies, or 
the subsequent military occupation of a portion of the 
country, by the allied forces under the command of the 
British general, the Duke of Wellington, the rigid mi- 
litary regulations and the severe police, with the great 
expenses incurred, did not interpose serious obstacles, 
down to the conclusion of our war with England ? 
What were the few, if any, opportunities there ever 
offered of attempting a passage to the United States 
from Bordeaux? Were any of them known to Captain 
Barron? Or known generally in Copenhagen? Was 
there a reasonable prospect of effecting his return in any 
of them, if they had been known to him, in safety to 
the United States? 

5th. Do you know of his writing an official letter to 
the Navy department, and reporting himself for service, 
as early as a safe opportunity occurred after his suspen- 
sion expired? Do yon know how difficult it was to 



5^ 

transmit even letters, safely to the United States ? And 
what means were employed for the purpose? 

6th. Do you know of his earnest endeavours and ex- 
ertions he made to ohtain aj)assage in the United States 
Corvette John Adams ? Did he make a journey for 
that purpose, by the advice of Mr. Clay, from Copen- 
hagen to Gottenburgh ? 

7th. Do you know of any other matter or thing that 
may be of benefit or advantage to Captain Barron? If 
yea, relate the same fully and at large, as if you had 
been interrogated thereunto particularly ? 

Cross-interrogatories to be administered to R. Law 
and W. Law, junior, on the part of the United States : 

1st. Were or were not, Denmark and France, and 
the intermediate countries so allied and connected in the 
war in 1812 and 1813, that an American officer or citi- 
zen might travel in safety from Copenhagen to France, 
or any where else in the south of Europe, in the years 
181:^ and 1813. 

2d. Was or was not the whole continent of Europe 
at peace after April, 1814, so that an American officer 
or citizen might proceed in safety from Copenhagen to 
France or any where else in the south of Europe ? 

3d. Was not the civil police of the countries occu- 
pied after the peace of Paris, by the allied troops un- 
der the command of lord Wellington, left to be regu- 
lated by the French authorities ? And was there any 
serious impediment to an American officer or citizen 
travelling from Copenhagen to any port in France after 
that time ? 

4th. Was there or was there not, during the late war 
between the United States and Great Brifain, an active 
commerce between the United States and France ? and 
were there or were there not frequent, or any, opportu- 
nities of taking passage for the United States from the 
north of Europe, or from some port in France, in fast 
sailing vessels, either neutral or American ? Was there 
any such opportunities from Gottenburg? Were ther<» 



05 

within your knowledge, any American vessels v/hicli 
arrived in the United States in the years 1813 and 1814, 
from the Baltic, or from Denmark and Sweden, the 
sailing of which, was publicly known at Copenhagen ? 
If yea, state the same particularly, and from what ports 
they sailed? and where they arrived? 

5th. When and how did you return to the United 
States ? 

6th. What would have been the §;xpense of travelling 
from Copenhagen to a port of France, in the bay of 
Biscay ? 

7th Could money have been obtained in the years 
1813 and 1814 at Copenhagen, by a bill on the treasury 
of the United States ? And at what rate of exchange 
or discount, if any? What was the expense of living 
at Copenhagen ? 

Answers of Richard Law of New London, to cer* 
tain interrogatories propounded to him in the matter of 
Capt. James Barron of the United States Navy, now 
pending before a court of enquiry at New York. 

1. In answer to the ist interrogatory^ he saith : — 
That in the years 1810, 1811, and 181S, he was de- 
tained in Copenhagen, in Denmark, in consequence of 
the capture of a ship, which he then commanded, 
bound on a voyage from New York to Petersburg. 
That during said years, he resided most of the time in 
said Copenhagen. That he there met with said James 
Barron, who was also there detained under similar cir- 
cumstances, and occupied in endeavouring to effect the 
release of his vessel. That deponent was intimately ac- 
quainted with said Barron, and his uniform conduct and 
conversation in public and private, were such at all times 
as to gain him the respect and confidence of his country- 
men, of whom there were many at that place detained 
by capture. That at the various meetings of the Ame- 
ricans to consult on the proper measures to be pursued 
in relation to the property committed to their charge 
and detained by capture ) and also at the meetings of 



56 

the Americans on national festivals and other occasions^ 
said Captain Barron was uniformly invited to preside, 
vi^hich he did with dignity and politeness. 

He was ever strenuously opposed on all such occa« 
sions to the attendance of any American who was sus- 
pected of not being strictly American in his conduct 
and operations. 

He seemed at all times to pride himself in his coun- 
try, and manifested great sensibility for her honor and 
interest. He was also highly respected by the people 
generally. 

2, To the second interrogatory ^ be says : — That 
on all occasions after war was declared, in June, 181S, 
so far as deponent heard or knew the said James Bar- 
ron's conduct and conversation, were such as became a 
genuine American, jealous of the honor and alive to 
the feelings and interest of his country, 

Sd. To the Zd interrogatory, he saith : — That dur- 
ing the deponent's detention the said James Barron re- 
turned to the United States, and again arrived at Co- 
penhagen on a continued voyage from the United States^ 
to Lisbon, and thence to the north (as deponent under- 
stood ;) his return was about the time the news of the 
declaration of war reached Copenhagen, say about 
July 18 IS. From this time until deponent left that place, 
which was in the fall of 181S, he was in the habits of 
intimacy with said Barron, and was pretty constantly 
in his society. And the said James Barron always ex- 
pressed the deepest regret at his situation, as he could 
not be useful to his country. When deponent left him, 
he, the said Barron, was particularly intimate with Jno. 
M. Forbes, esqr. our Charge des affairs at Copenhagen, 
who appeared to have a strong regard for said Barron. 
Almost the only means to secure a passage at that time 
to America, was by the way of England, which was 
attended with great expense, or by the route to Paris, 
which was also difficult and expensive. 

4f/2. To the iith interrogatory, he saith : — That 



^ 



57 

he cannot say particularly what were the obstacles ot^ 
casioned by the state of the armies^ &c. as he left Co- 
penhagen in the fall of 1813 as stated in his answer 
to the 8d interrogatory. 

5th. To the fjth interrogatory ^ he saith : — He hath 
no knowledge. 

6th. To the sixth, he saith : — The same refers to 
events which took place after he left the country and of 
which he knows nothing personally. 

yth. In answer to the 7th interrogatory, he saith : — 
He knows nothing further than is contained in the pre- 
ceding-answers. 

1st. Cross 'interrogatory. Inanswer to the* ist cross- 
interrogatory, he saith : — He knows nothing but from 
general information, having left the country in the fall 
of 181S. 

Sd. In answer to the 2d cross-interrogatory, he 
% saith :— The same as in answer to the first. 

3d and 4th. To the Sd and 4:th cross -interrogator 
\ ries, — he answers the same as to the first cross-inter- 
' rogatory. 

dth. To the 5th cross-interrogatory, he saith : — That 
he returned to America in the Pilot boat Champlin, 
which was sent by merchants in New York to give in- 
formation to vessels in the Baltic, of the declaration of 
war, which boat was consigned or addressed to a kins- 
man of deponents, named William Law, then in Copen- 
^ gen, who confidentially informed deponent that said 
P Pilot boat would touch at Copenhagen on her return 
from Petersburg, and as a particular favour, offered 
deponent a passage home in her, which on account of 
the diflBculty of getting a passage home, he embraced, 
but it was not generally known. 

0th. To the^, Qth cross -interrogatory, he saith : — He 
does not know. 

7th. To the ^th cross -interrogatory, he says: — He 
does not know; not being at Copenhagen after the fall 
of 18!^. 



3TATK OF CONNECTICUT, 



> ss. 



Cdty of JVeiv London. 

Oft this tenth day of June, in the year of our Lord 
one thousand eight hundred and twenty-one^ before me, 
Jeremiah G. Brainard, one of the Judges of the supe- 
rior court of the state of Connecticut, personally ap- 
peared Richard Law, who being by me duly sworn ac- 
cording to law, — on his solemn oath declared, that 
the respective answers by him given to the several in- 
terrogatories to him propounded in the matter of James 
Barron, of the Navy of the United States, contain the 
truth, the whole truth, and nothing but the truth, in rela- 
tion to the* several subjects thereof^ according to his best 
knowledge and recollection ; — the interrogatories refer- 
red to, are hereunto annexed. 

JEREMIAH G. BRAINARD, [seal.] 

Interrogatories to be administered to Richard Law, 
and to William Law, junior, on the part of Captain 
James Barron, of the Navy of the United States. 

1st. Were you acquainted with Captain Barron at 
any, and what time, and how long, during your stay or 
detention in Copenhagen, from the year 1810, to the fall 
of the year 1814? If yea, what was his situation, bu- 
siness and conduct there ? Was his character and his 
uniform course in private and in public, such as to gain 
him the esteem, respect and confidence of his country- 
men at that place, and of the people generally ? 

Sd. After war was declared by the United States 
against England, did he on all occasions speak and act 
like a genuine American ? Did he manifest the feelings 
of.a man jealous of the honor and sensible of the rights 
and interests of his country ? Did he not appear to re- 
joice over her victories, and to lament her disasters ? 

3d. When the term of his suspension expired, was 
he not extremely anxious to return home ? What exer- 
tions did he make for the purpose ? What embarrass- 
ments and diflBculties prevented it? Were not his funds 



09 

and his means very limited ? Did not the war and the 
state of Europe present obstacles almost insuperable? 
Could he have had any reasonable expectation of reach- 
ing the United States, by the way of England ? State 
the difficulties interposed to this course. Could he have 
landed in England as an American Naval officer with- 
out being made a prisoner of war ? Did not England, 
in consequence of the United States having seized some 
of her subjects as hostages, threaten to retaliate on Ame- 
rican citizens ? If Captain Barron had gone to England 
without his uniform, would he not have been taken up 
under the alien system, or perhaps as a spy? Were 
there any opportunities from the north of Europe that 
afforded a reasonable prospect of a safe return to Capt. 
Barron to the United States, that were known to Capt. 
Barron, and within his power? 

4th. What were the numerous and almost insurmoun- 
table obstacles that prevented a journey by land from 
Copenhagen to Bordeaux ? State the same particularly 
whether the march and retreat of armies, or the subse- 
quent military occupation of a portion of the country 
by the allied forces, under the command of the British 
general, the duke of Wellington, the rigid military re- 
gulations and the severe police, with the great expenses 
incurred, did not interpose serious obstacles down to 
the conclusion of our war with England? What were 
the few, if any, opportunities there ever offered of at- 
tempting a passage to the United States from Bordeaux? 
Were any of them known to Captain Barron? Or 
known generally in Copenhagen? Was there a rea- 
sonable prospect of effecting his return in any of them 
if they had been known to him, in safety to the United 
States ? Do you know of his writing an official letter 
to the Navy department, and reporting himself for ser- 
vice, as early as a safe opportunity occurred after his 
suspension expired ? Do you know how difficult it was 
to transmit even letters, safely to the United States ? 
And what means were employed for the purpose ? 



60 

dtb. Do you know of the earnest endeavours and 
exertions he made to obtain a passage in the United 
States Corvette John Adams? I)id he make a journey 
for that purpose, by the advice of Mr Clay, from Co- 
penhagen to Gottenburg? Do you know of any other 
matter or thing that may be of benefit or advantage to 
Captain Barron ? If yea, relate the same fully and at 
large, as if you had been thereunto particularly inter- 
rogated. 

Cross-interrogatories to be administered to R. Law 
ftnd W. Law, junior, on the part of the United States, 

1st. Were or were not Denmark and France and 
the intermediate countries so allied and connected in 
the war in 1813 and 1813, that an American officer or 
citizen might travel in safety from Copenhagen to 
France, or any where else in the south of Europe in 
tjbe years 181^ and 1813. 

2d. Was or was not the whole continent of Europe 
at peace after April, 1814, so that an American officer 
might proceed in safety from Copenhagen to France or 
any where else in theisouth of Europe ? 

3d. Was not the civil police of the countries occu- 
pied after the peace of Paris by the allied troops under 
the command of lord Wellington, left to be regulated 
by the French authorities ? And was there any serious 
impediment to an American officer or citizen travelling 
from Copenhagen to any port in France after that time ? 

4th. Was there, or was there not, during the late war 
between the United States and Great Britain, active 
commerce between the United States and France ? and 
were there or were there not frequent, or any, opportuni- 
ties of taking passage for the tJnited States, from the 
north of Europe, or from some port in France, in fast 
sailing vessels, either neutral or American ? Were there 
any such opportunities from Gottenburg ? Were there 
within your knowledge, any American vessels which 
arrived in the United States, in the years 1813 and 
1814, from the Baltic, or from Denmark and Sweden, 



61 

the sailing of which was publicly known at Copenha- 
gen ? If yea, state the same particularly, and from what 
ports tliey sailed, and when they arrived. 

5th. When and how did you return to the United 
States? What would have been the expenses of travel- 
ling from Copenhagen to a port in France, in the Bay 
of Biscay ? 

7th. Could money have been obtained in the years 
1813 and 1814, at Copenhagen, by a bill on the treasu- 
ry of the United States ; and at what rate of exchange 
or discount, if any ? What was the expense of living at 
Copenhagen? 

Answers to the interrogatories proposed to William 
Law, jun. on the part of Capt. James Barron, of the 
United States Navy, hereunto annexed : 

Answer to 1st interrogatory, 1st. 1 was intimately ac- 
quainted with Capt. James Barron, from the time of his 
capture and detention at Copenhagen in the year 1810, 
until the fall of 1814, being most of the time during that 
period, in Copenhagen. — Capt. Barron was necessarily 
detained there in defence of his ship and cargo, until 
the final condemnation. — After that, he employed him- 
self, part of the time, in perfecting some machinery for 
rope-making, and improvement on mills, &c. — His cha- 
racter uniformly, botfi in public and private, was such, 
as to gain him the esteem and confidence of his country- 
men, and the friendship and respect of the people of that 
place. 

2(1. On the subject of the war, with England, I never 
heard him speak but the language of an American, who 
felt a noble pride in the prosperity and success of his 
country, and who rejoiced sincerely in her victories, and 
lamented her disasters ; and I believe this was his feel- 
ing and language on all occasions. 

3d. After the term of his suspension expired, and the 
war commenced, he often expressed his regret that he 
was not at home, that he might tender his services to the 
Navy Department.— He talked often of w^riting to Bor 



deaux, and other places, for information about the pros^ 
pect of obtaining a passage to the U. States ; and so far 
as I recollect, he did write for that purpose, but the ex- 
pense of the journey, and the limited funds he had for 
the undertaking, appeared to deter him from the attempt; 
he often mentioned the subject, and appeared embar- 
rassed to know what to do. — The state of the country 
through which he must pass, to arrive at the ports most 
frequented by running vessels, also raised doubts in his 
mind, as he apprehended a chance of some detention, 
and consequent expense, which he could not calculate 
or provide for. The plan of going by way of England, 
was also seriously considered. — It was known that 
Americans, as merchants, and men of business, could 
enter that country, and depart without difficulty, but as 
an officer of the Navy or Army of the United States, no 
one, I believe, presumed to suppose that they could re- 
ly on the same liberality and indulgence. There were 
reports, indeed, that retaliation would be made by the 
English government on the citizens of the U. States, for 
some measures of the American government. I do not 
recollect any opportunity from the north of Europe, 
that offered a reasonable probability for his return to 
the United States, nor any which I think I should have 
chosen to have availed of for that purpose. 

4ith. It was considered a disagreeable undertaking 
by most I believe, to make a journey from Copenhagen 
to Bordeaux, at least for some part of the time, during 
the American war. Some Americans, we understood, 
and believed, were robbed by the Russian Cossacks, 
and all travellers found difficulties to make their way 
and often detention and expense ; such were the ac- 
counts and so we considered the subject. As to the 
particular difficulties in consequence of the occupation 
of a part of the French territory by the troops of the 
duke of Wellington, I am unable to say. We saw ac- 
counts of the arrival of American vessels in ports of 
France, say Bordeaux, Nantz, &c. and I think the ex- 



pected sailing of such vessels for the United States, 
was noticed in the French papers and in letters from 
France. The chance of reaching the United States in 
any of such vessels, we knew must depend on the 
chance of capture or escape. In case of capture, mer- 
chants and supercargoes, &c. counted on safety from 
imprisonment, but no one I believe felt the same confi- 
dence that officers of the Navy would be thus exempted. 
Captain Barron wrote a letter to the Navy department, 
reporting himself for service ; he read the same to me, and 
stated at the same time, his wish to be called to take his 
station in the service, and his intention to return to the 
United States, as soon as he should be able to effect it, 
or find a conveyance. We considered the chances of 
forwarding letters to the United States very uncertain, 
and I wrote sometimes by way of France, but depended 
mostly on sending letters to England to be forwarded 
by cartel ships from that country. 

5th. Whilst JMr. Clay was in Copenhagen, Captain 
Barron stated to me his intention of asking his advice 
or opinion about getting a passage in the United States 
Corvette John Adams and after that, from some con- 
versation he had with Mr. Clay, he went on to Gotten- 
burg with the hope he might obtain a passage in that 
ship, but failed and retunieii to Copenhagen. 

Answers to the cross-interrogatories proposed to 
William Law, jr. in the case of Captain James Bar- 
ron and the United States. 

Cross-interrogatory. — 

1st. 1 believe that in 181S and 1813, American citi- 
zens or officers could travel from Copenha^ien to France 
or most other countries in the south of Europe. I do 
not think there were any particular restrictions forbid- 
ding it by the government, but many forms were requir- 
ed, and interruptions and delays often occurred by rea- 
son of police officers, and sometimes robberies by the 
Russian soldiers or Cossacks. 

Sd. After April. 1814, the formalities may have 



P4 

l>een relaxed, as respected travellers. I do not recoiled 
to have heard how that was, but in October, 1814, on 
my way to iVmsterdam, I experienced less of that vex- 
atious examination through some of the countries, than 
I had before known. 

3d. As to the civil police of any of the countries oc- 
cupied by the troops under the command of lord Wel- 
lington, I know nothing respecting it. 

1 do not recollect to have heard how it was in France 
after April, 1814, whether American citizens were al- 
lowed to travel with more or less restrictions than be- 
fore that period. 

4th. There were many vessels employed in a trade 
between the United States and France during the war, 
and generally I believe they took passengers who offer- 
ed and would take the chance of war or capture. There 
were a few of those vessels that arrived in Holland, 
I think. I do not recollect any that entered the Baltic 
or arrived in Sweden. I do not now recolleect any 
American vessels that arrived in the United States in 
1813 and 1814 from the Baltic, Sweden or Denmark, 
or that sailed from those ports for the United States. 
I cannot say but there may have been such, if so, I do not 
now recollect them or the circumstances of their sailing. 
Some American vessels sold to Swedes, sailed for the 
United States during the war, but generally Americans 
did not like to take passage in such vessels for fear of 
capture on suspicion of being American property, 

5th. I left Copenhagen, 1 think in October, 1814, for 
Amsterdam, in hopes to reach the United States in a 
Cartel from that place. The vessel did not sail, and 
I went to England and was obliged to wait there for a 
passage, until the news of the ratification of the treaty 
with England. My expenses to Amsterdam were 
heavy. I had to buy a carriage for the journey and 
give it away when I arrived there, nearly, 1 can only 
speak from general recollection ; I think it cost mc 
from Copenhagen to Amsterdam, as much as 8 300. 



65 

There were no stages or conveyance of that kind through 
that country, an<l gen rally those who travelled at that 
time, must furnish their own carriage and take post 
horses. What would Ijave been the additional expense 
to have gone to Bordeaux, 1 am unable to calculate. 

7tb. In 1813 and 1814, so far as 1 recollect, it wcftild 
have been difficult to sell bills of exchange of any kind, 
on the U. States, at Copenhagen, — I do not recollect 
any one American who had funds to remit, and mer- 
chants there, would not willingly have purchased for 
their own account ; of course, there was no exchange 
known there on the U. States, and in any transaction 
of that kind, it is impossible at this time, to say, or evea 
judge, what exchange would have been demanded. — 
All our exchanges were made on Hamburg or London. 
The expense of living in Copenhagen, generally from 
1810 to 1814?, was very cheap, particularly in conse- 
quence of the fall of Danish money compared with Ban- 
co or Sterling, and those disposed, could live even 
genteely, some part of that time, for one quarter of the 
expense they generally can do in New York. 

WILLIAM LAW, Jr. 

STATE OF CONNECTICUT, ss. 

Be it remembered, that on this 30th day of May, 
in the year of our Lord, one thousand eight hundred 
and twenty-one, personally came before me, the sub- 
scriber, one of the Judges of the Superior Court, of the 
State of Connecticut, Wra. Law, jr. and made solemn 
oath that the foregoing answers by him subscribed, to 
the written interrogatories, contain the truth, the whole 
truth, and nothing but the truth. 

WM. BRISTOL, a Judge 
of the Sup^r Court. 

Interrogatories to be administered, to the Hon. Jona- 
than Russell, on the part of Captain James Barron, of the 
Navy of the U. States : 

9 



m 

1st. Did you see and converse with Captain James 
Barron, at the city of Gottenburg, in Sweden, in the 
month of June, 1814 ; and did he come there from Co- 
penhagen, to obtain a passage home in the U. States 
corvette John Adams ? Did he apply to her commander^ 
Capt. Angus, for that purpose ? 

Sd. Were you consulted, with Mr, xA.dams, by Capt. 
Angus, relative to Capt. Barron's application ? What 
opinion was given? Did Capt. Angus decline taking 
hira on board the corvette, in consequence of your 
opinion ? 

3d. Was not Capt. Barron desirous of obtaining a 
passage to the U. States, for the purpose of oflFering his 
professional services to his country, in the war with 
England ; and did he not manifest a strong anxiety to re- 
turn home, and great regret when he was disappointed? 

4th. Look at the paper marked A. annexed to these 
interrogatories, and purporting to be an original letter 
from you to Capt. Barron at Copenhagen, dated Ghent, 
August 13th, 1814; did you write and transmit that 
letter to Capt. Barron, at the time it bears date ? 

5th. Look at the paper marked B. also annexed to 
these interrogatories, and purporting to be a copy of a 
letter from you to Capt. Barron, the original of which, 
is in the possession of the Court of Enquiry ; is it 
a true copy, according to the best of your knowledge, re- 
collection, or belief? 

6th. Do you know of any other matter or thing, that 
may be of benefit or advantage to Capt Barron? If yea, 
relate the same fully and at large, as if you had been 
thereunto i)articularly interrogated. 

Cross-interrogatories, to be administered to the Hon. 
Jonathan Russell, on the part of the United States : 

1. Was, or was not, Denmark in alliance with France, 
from the time of the British attack on Copenhagen, in 
1807j until January, 1814 ; and were, or were not, the 
countries intermediate between Denmark and France, 
under the dominion and influence or controul of the lat- 



ter power, until the latter part of the year 1813, so thut 
an American oflBcer or citizen, might travel in safety 
from Copenhagen to France, or any where else in the 
south of Europe, in the years 181S and 1813. 

S. Was, or was not, the whole continent of Europe 
at peace, after April, 1814, so that an American oflBcer 
or citizen, might proceed in safety from Copenhagen to 
France, or any where else, in the south of Europe? 

3. Was there, or was there not, during the late war 
between the United States and Great Britain, an active 
commerce between the United States and France ; and 
were there or were there not, frequent opportunities of 
taking passage for the United States, from the north of 
Europe, or from France, in fast-sailing or other vessels, 
either neutral or American ? 

4. What would have been the expense of travelling 
from Copenhagen to any port of France, in the Bay of 
Biscay ? 

5. Did Com. Barron apply to you, or any other of the 
ministers, agents, or officers of the United States, in 
Europe, to supply him with pecuniary means to return 
home ? 

6. Do you know of any other matter or thing, that may 
be of benefit or advantage to the U. States in the pre- 
sent enquiry ? If yea, state the same fully and at large, 
as if you had been thereunto particularly interrogated. 

H. W BEATON, Judge Mvocate. 

Additional Interrogatories on the part of Captain 
Barron, the same with those for Mr. Adams. 

Additional interrogatories to be administered to the 
Hon. Jonathan Russell, on the part of Capt. Barron : 

1. Are you acquainted with the obstacles and impe. 
diments to travelling between Denmark and France, in 
the years 181!^, and 1813; and do you know the em- 
barrassments and expenses on the way? If yea, relate 
the same fully and at large. — Was not intercourse be- 
tween them, rendered tedious and uncertain, difficult 



68 

and expensive, by the state of the war, the march and 
retreat of armies, the rigid military regulations, and the 
strict civil police ? 

2. When the war in Europe ceased, by the capture 
of Paris, in 1?^14, and the allied armies occupied France, 
what was the state of the country afterwards, until the 
treaty of Ghent? Oould a person with limited funds and 
means, go from Copenhagen by land, to Bordeaux? 
Were not rigid military regulations, and a strict system 
of police established, by that portion of the allied ar- 
mies, which occupied France, and such places as they 
apprehended were liable to revolutionary movements, 
during the period they held such military occupation ? 
What was the number of forces kept by the allied pow- 
ers, for this purpose? By whom were they comnand- 
ed ? Was it by a British general, the duke of Welling- 
ton ? What was his conduct towards American citizens, 
so long as war continued between the U. States and 
England? What was the situation of the French go- 
vernment under Louis XVIII whilst FVance continued 
in this vassal state ? 

3. Do you know of any safe and certain opportunities 
of a passage for a Naval oflBcer of the U. States, from 
France ? If yea, by what vessels ? Were they U. States 
ships of war, or privateers, or merchant vessels, or were 
they neutrals ? From what ports did they sail ? Was 
their intended departure known, and for how long before 
they left France ? Was Capt. Barron acquainted with 
any of these opportunities? 

4. Were you or any of the ministers of the U. States, 
furnished with funds to provide for the return home of 
Captain Barron, or of any ol^cers of the U. States ? Or 
had you any instructions on the subject? If yea, did 
you make them known? 

A. 

GHENT, Mgust 13th, 1814. 
Sir, 

I have not, for a moment been unmindful of my en» 
gagementto you, but I have not until now been able to 



give you, with precision, the information which you de- 
sired — 1 am sorry, indeed, that this information is not 
of a more satisfactory character. The only persons the 
Briiish government will allow to go as passengers ia 
the John Adams, are those who are attachec* to, or em- 
ployed by the mission/ There is nothing, therefore, 
peculiar in your exclusion, a whole host of expectants,, 
against whom there could be no reasonable objection, 
being most grievously disappointed 1 pray you to be 
assured of my disposition to serve you, and I hope that 
my ill success on the present occasion, may not deter you 
from commanding me hereafter. 

Very respectfully, sir, 
Your obedient serv^t. 
JUJNA. RUSbELL. 

Commodore James BAnnes. 

GHENT, \Qth October, 1814. 
CoMsiODORE James Bahrox. 

Sir, 

I received some time since, your letter of the 30th 
of August, and should have given to it an earlier an- 
swer, had 1 not continually indulged an expectation of 
soon passing Copenhagen on my return to Sweden, I 
am not, however, more sanguine now in this expecta- 
tion than 1 was six weeks ago ; and if my silence should 
be protracted with this negotiation, you would I am 
afraid have just reason to complain of my inattention. 

1 communicated to Mr. Adams your letter, and his 
opinion on the circumstances of your case, accords en- 
tirely with my own. With every disposition to be use- 
ful to you, we cannot perceive that it is within our com- 
petency to give it effect. The cruel situation in which 
you are placed, as an officer and a man, deeply affects 
me ; and I feel it the more acutely, as I can offer you 
only regret instead of relief. I sincerely hope that 
you will be able soon to return to the United States* 



70 

and there find an ample indemnity for all your suffer- 
ings, in the affections of your family, and the justice of 
your country. 

Very respectfully, your ob't servant, 

JON A. RUSSELL. 

Jonathan Russell, the respondent, to whom the inter- 
rogatories annexed, have been administered on the part 
of Captain James Barron of the Navy of the United 
States — 

To the first of said interrogatories, says — That he 
did see and converse with Captain James Barron at the 
city of Grottenburg, in Sweden, in the month of June, 
1814, and that the said Barron, then and there stated, 
to the respondent that he, the said Barron, had come thi. 
ther from Copenhagen, to obtain a passage h«ime in the 
United States Corvette John Adams ; the said Barron 
also asserted that he had already applied to her con;i- 
mander, Captain Angus, for this purpose ; and this as- 
sertion was confirmed by Captain Angus. 

To the second of said interrogatories the said re- 
spondent says — That the Corvette aforesaid was con- 
sidered to be placed by the government of the United 
States, as to her employment and destination, under the 
direction of Henry Clay, esqr. and of the respondent, 
the two ministers plenipotentiaries and envoys extraor- 
dinary who embarked on board her at New York, and 
that the said envoys and Captain Angus acted accor- 
dingly. On the return of the respondent from Stock- 
holm to Gottenburg, at the time above mentioned, Mr. 
Clay had already departed thence to proceed by land to 
Glient, the new destination of the contemplated nego- 
tiation. Mr. Adams was at Gottenburg, and had, as 
the respondent was informed, been applied to by Cap- 
tain Barron for a passage on board the aforesaid Cor- 
vette, but had declined giving or refusing such per- 
mission, because he professed to consider himself a pas- 
senger by courtesy only, having no direct authority 



71 

from his government in relation to the disposition of 
that ship, and from this cause, he referred Captain 
Barron exclusively to the respondent, in the absence of 
his colleague, Mr. Clay^ for a decision. The res- 
pondent on the application accordingly made to him by 
Captain Barron^ distinctly stated his opinion that Cap- 
tain Barron could not be permitted to embark on board 
the John Adams, consistently with good faith, because 
that ship sailed under a special cartel of the British go- 
vernment for a pacijic object, and he, Captain Barron, 
was an officer in the American Navy, and avowedly 
anxious to return to his country to take an active part 
in the war then existing against Great Britain, and thus 
to have allowed him to embark on board the John 
Adams, in such a character, and for such an hostile pur- 
pose, would have been a violation of the cartel. In the 
correctness of this opinion Captain Barron, although 
with evident disappointment and chagrin, acquiet^ced, 
and the respondent believes that Captain Angus declin- 
ed taking him, the said Barron, on board in conformity 
to that opinion. 

To the Sd interrogatory, although already substan- 
tially answered, the respondent says, yea. 

2o the ^th interrogatory — the respondent having 
first looked at the paper, marked A. annexed to the 
aforesaid interrogatories, says, that he did write, and 
transmit to Captain Barron, at Copenhagen that let.er 
dated 13th August, 1844?, at the time it bears date. 

To the 5tfi interrogatory — the respondent, having 
first looked at the paper, marked B. annexed as afore- 
said, says, that according to his best recollection and be^ 
lief, it is a true copy of a letter written by him to Cap- 
tain Barron. 

To the 6th interrogatory — the respondent says, that 
he knows of no other matter or thing, save only what 
may be stated by him in answer to the cross-interroga- 
tories on the part of the United States, or in answer to 
the additional interrogatories on the part of Captain 



7^ 

BaiTon, tbat may be of benefit or advantage to bim^ tbe 
said Barron. 

Tbe respondent, to wbom bave been administered the 
annexed cross- interrogatories on tbe part of the United 
States, to tbe first of these interrogatories says ;— 

Tbat from tbe year 1807? to about tbe commencement 
of tbe year 1814, there was an alliance or other inti- 
mate and friendly relation between Denmark and 
France, and that from the year 1809, until tbe com- 
mencement of the year 1813, the countries directly 
intermediate between Denmark and France, were uu~ 
der the influence, and directly or indirectly, under the 
dominion, of Frapce ; but tbe respondent is not aware 
tbat these circumstances rendered travelling more safe 
for an American officer or citizen, in the years 1812 and 
1813, from Copenhagen to France, or any where else in 
tbe south of Europe, tbe respondent having in 18 lO 
passed three several times between Copenhagen and 
Paris, and always found the police, at the different 
stations, vexatious precisely in proportion to its sub- 
serviency to France. 

To the 2d cross -interrogatory the respondent says : — 
Tbat the whole continent of Europe, saving perhaps 
Hanover and tbe other continental dependencies of 
Great Britain, was at peace after April, 1814, until tlie 
following spring ; but tbe roads between Copenhagen 
and France, or any other place in tbe south of Europe 
were not, on that account for at least some time after 
tbe said April, more safe for the traveller than in a 
state of actual \var. The times were unsettled, and 
without there being less vexation from the police, there 
was less protection. Tbe allied troops were marching 
homeward, licentious from victory and with less obser- 
vance of discipline and subordination than is usual in 
tbe presence of an enemy. Tbe respondent arrived at 
Grhcnt about tbe S4tb June, 1814, and there was still a 
a body of Prussian troops there, and who did not pro- 
ceed homeward until some days thereafter. 



73 

To the third cross-interrogatory ^i\\Q> respondent say«^ 
That he does not remember or believe, that during the 
late war between the United States and Great Britain, 
there was an active, that is, an extensive commerce, be- 
tween the United States and France, and he knows of 
no frequent opportunities of taking passage from the 
north of Europe or from France for the United States, 
in fast sailing or other vessels, either neutral or Ame- 
rican. 

To the fourth cross-interrogatory the respondent says, 
That the expense of travelling from Copenhagen to 
any port of France in the bay of Biscay, must depend on 
the manner of travelling, inlependent of accident or 
wilful detention. He does not believe that such a jour- 
ney could be performed decently and comfortably for a 
less sum, including the necessary expense for a vehicle 
than from five to seven hundred dollars. 

To the fifth cross interrogatory, the respondent says, 
-That he does not recollect that Captain Barron ap- 
plied to him for pecuniary means to return home, and 
he is not acquainted with any such application to any 
other ministers, agents, or officers of the United States 
in Europe : and he believes that no such application^ 
if made, could have been successful, because the joint 
mission, of which the respondent was a member, had 
no authority whatever in this respect, and other minis- 
ters, agents, or officers of the United States, are limited 
by the general law herein, to the relief of distressed sea^ 
merif which law has been generally, and it is believed, 
universally construed, to embrace strictly common sai- 
lors only, and not commanders, masters, or other officers 
whatever. 

To the sixth cross -interrogatory, the respondent says, 
That he knows no other matter or other thing that 
may be of benefit or advantage to the United States in 
the present enquiry. 

The respondent, to whom have been administered the 
additional interrogatories hereto annexed, on the part 

10 



74 

of Captain Barron^ to the first of these interrogatories 
says,— . 

That not having been on the continent of Europe 
during the years ISIS and 1813, he is not particularly 
acquainted vyith the obstacles and impediments to tra- 
velling between Denmark and France, nor with the 
embarrassments and expenses of the way peculiar to 
to that period. 

To the second additional interrogatonj^ the respond- 
ent says, — 

That to the best of his recollection the allied armies 
after the capture of Paris in 1814, occupied France no 
longer than was necessary for its convenient evacuation; 
and that they, in fact, entirely evacuated it as early as 
the month of July in that year ; there being thus, during 
the period specified in this interrogatory, stricth no for- 
eign army of occupation in France, there was, of course, 
no general commanding it ; and the Duke of Welling- 
ton was then the British ambassador near the French 
court, and continued to be so until about the begin- 
ning of February following, when he was sent by his 
government to assist at the Congress of Vienna. The 
foreign army of occupation which was afterwards com- 
manded by the Duke of Wellington, was not established 
near the French frontier until the summer of 1815, after 
the return of Bonaparte from Elba, and his final down- 
fall. 

The respondent is not acquainted with any want of 
courtesy in the Duke of Wellington toward American 
citizens, either while the war continued between the 
United States and England, or at any other time. The 
respondent knows of nothing in the situation of the go- 
vernment of France between the month of April, 1814, 
and the signature of the treaty of Ghent of the same 
year, which could impair the security of an American 
citizen in that country, although the great influx of for- 
eigners thither, enhanced very much, to them, the ex-' 
pense of travelling or residing there. 



y.5 

The respondent has already stated his opinion of the 
expense of a journey from Copenhagen to a port in the 
bay of Biscay, and thence of necessity a person whose 
funds or means were not adequate to that expense could 
not perform that journey in the manner stated. 

To the third additional interrogatory, the respondent 
says,— 

That he knew of no safe and certain opportunities of 
a passage for a naval officer of the United States from 
France to the said United States, during the period 
herein specified. 

To the fourth additional interrogatory, the respond- 
ent says, — 

That he had neither funds nor instructions from the 
American government to provide for the return home of 
Capt. Barron, or of any officer of the United States, nor 
does he know that any other of the ministers of the 
United States had such funds or instructions. 

JON A. RUSSELL. 

Worcester ss. June 13th, 1821. Personally appeared 
the above named Jonathan Russell, and made oath to 
the tnith of the foregoing answers by him subscribed. 
Before me, 

WARREIsr RAWSON. 
Justice of the Peace. 

Interrogatories to be administered to the Hon. John 
Q. Adams, on the part of Captain James Barron of the 
navy of the United States : 

1st. Did you see and converse with Captain James 
Barron at Gottenburg, in Sweden, in the month of June, 
1814, and do you recollect his reasons for coming to 
that port from the city of Copenhagen, in the kin-gdom 
of Denmark ? 

2d. Was he anxious to obtain a passage to the 
United States in the Corvette John A.dams, and did he 
apply to Captain Angus, the commander of that ship, 
for the purpose .? 



7^ 

3(1. Are you acquainted with his motives and ohject 
in returning to the United States, if he could have pro- 
cured a passage ? Did he express at the time, to you, 
his eager wish to get home, and his earnest desire to 
oflPer his professional services to iiis country in the war 
with England, in which she was then engaged ? 

4th. Did Capt. Angus apply to yourself and Mr. 
Kussell for your opinions and advice, on the subject of 
Capt. Barron's application to him for a passage in the 
Corvette? If yea, what opinion did yt)u give him? 
Were you not reluctantly compelled to say that the 
cartel granted to the John Adams would not admit of it? 
And was not Capt. Angus otherwise disposed to al- 
low a passage to Capt. Barron ? 

5th. When Captain Angus, agreeably to your ad- 
vice, declined giving Captain Barron a passage, did you 
understand that he was greatly disappointed. And did 
Captain Barron inform you that he had made the jour- 
ney from Copenhagen to Gottenburg, with no other 
purpose than that of obtaining a passage home in the 
John Adams? 

Cth. Do you know of any other matter or thing that 
may be of benefit or advantage to Capt. Barron ? If yea^ 
relate the same fully and at large, as if you had been 
thereunto particularly interrogated. 

Cross-inten^ogatories to be administered to the Hon. 
John Quincy Adams on the part of the United States : 
1st. Was or was not Denmark in alliance with 
France from the time of the British attack on Copenha- 
gen in 1807, until January, 1814; and were or were 
not the countries intermediate between Denmark and 
France, under the dominion or influence and controul 
of the latter power until the latter part of the year 1813, 
so that an American officer or citizen might travel in 
safety from Copenhagen to France in the years 181S 
and 1813? 

2d. Was or was not the whole continent of Europe 
at peace after April, 1814, so that an American officer 



77 

or citizen miglii proceed in safety from Copenhagen to 
France, or any where else in the south of Europe ? 

3d. Were there or were there not, during the late war 
between the United States and Great Britain, opportu- 
nities of taking passage for the United states, from the 
north of Europe, or from France, in fast sailing vessels, 
either neutral or American ? 

4ith. What would have been the expense of travelling 
from Copenhagen to any port of France in the bay of 
Biscay ? 

5th. Did Commodore Barron apply to you, or any of 
the other ministers, officers, or agents of tlie United 
States in Europe, to supply him with pecuniary means 
to return home ? 

H. W HEATON, Judge Mvocate. 

Additional interrogatories to be administered to John 
Q. Adams on the part of Captain Barron : 

1st. Are you acipiainted with the obstacles and impe- 
diments to travelling between Denmark and France in 
the years 1812 a^d 1813? And do you know the em- 
barrassments and expenses on the way ? If yea, relate 
the same fully and at large. Was not intercourse be- 
tween them, rendered tedious and uncertain, difficult 
and expensive by the state of the war, the march and 
retreat of armies, the rigid military regulations, and the 
strict civil police ? 

Sd. When the war in Europe ceased, by the capture 
of Paris, in 1814, and the allied armies occlrpied France^ 
what was the state of the country afterwards, until the 
treaty of Ghent? Could a person with limited funds 
and means go from Copenhagen by land to Bordeaux ? 
Were not rigid military regulations and a strict system 
of police established by that portion of the allied ar- 
mies which occupied France, in such places as they ap- 
prehended were liable to revolutionary movements dur- 
ing the period they held such military occupation? 
What was the number of forces kept by the allied pow- 



ers fortius purpose? By whom were they commauded? 
Was it hy a British general, the duke of Wellington? 
What was his conduct towards American citizens so 
long as war continued between the United States and 
England? What was the situation of the French go- 
vernment under Louis XVIII, whilst France continued 
iii this vassal state? 

3d. Do you know of any safe and certain opportu- 
nities of a passage for a Naval officer of the United 
States from France? If yea, by what vessels? Were 
they United States ships of war, or privateers, or mer- 
chant vessels, or were they neutrals ? From what ports 
did they sail ? Was their intended departure known, 
and for how long before they left France ? Was Capt. 
Barron acquainted with any of those opportunities ? 

4th. ■ Were you or any of the ministers of the United 
States furnished with funds to provide for the return 
home of Captain Barron or of any officers of the Unit- 
ed States? Or had you any instructions on the subject? 
If yea, did you make them known ? 

Answers of John Qiiincy Adams to the interrogato- 
ries and cross-interrogatories administered to him, in 
the case of Captain James Barron of the Navy of the 
United States, before a court of enquiry held in May, 
1821, at New York. The certificate, a copy of which 
here follows, was given by the said John Quincy Adams 
to Captain Barron on the 22d of February, J819, and 
contains the answer of the said Adams to the first, se- 
cond, third, fourth and fifth interrogatories on the part 
of Captain Barron The deponent knows nothing fur- 
ther, applicable to the subject of enquiry, and to the 
benefit or advantage of Captain Barron except as hero- 
after stated. 

WASHINGTON, md February, 1819. 

I hereby certify, that or. the eleventh of June, ISl^, 
I embarked in company with Mr. Jonathan Russell, in 
the United States ship John Adams, Captain Samuel 
Angus, at Gottenburg ; whence we proceeded to the 



7S 

Texel. There Mr. Russell and I landed and procee- 
ded by land to Ghent, and shortly afterwards the John 
Adams returned to the United States. That on the 
day wlieti we embarked at Grottenburg Captain James 
Barron did apply to Captain Augus for a passage on 
board of that vessel to the United States. That Cap- 
tain Angus declaring himself entirely disposed to give 
a passage to Captain Barron, referred him to Mr. Rus- 
sell and myself for the opinion, whether this could be 
done consistently with the cartel flag under which the 
ship was then sailing. That Captain Barron then 
stated to me, that his motive for wishing to return to the 
United States at that time, was his earnest desire to of- 
fer his professional services to his country, in the war in 
which she was engaged, and to claim employment, in 
the station to which he was entitled in tlie Navy ; that 
Mr. Russell and myself highly approving the motive of 
Captain Barron, nevertheless felt ourselves compelled, 
though with reluctance, to give it as our opinion to Cap- 
tain Angus, that he could not consistently with his car- 
tel, give a passage to Captain Barron, which Captain 
Angus, accordingly declined, to the great disappointment, 
as 1 understood, of Captain Barron. He informed me 
that he had made the journey from Copenhagen to Got- 
tenhurg, with no other purpose than that of obtaining his 
passage home in the above mentioned vessel. 

JOHN QUINCY ADAMS. 

Answers to the cross 'int err ogatorip s : to the Isf, — 
Denmark was in alliance with France, from 1807? to the 
beginning of the year 1814. In 1812 or 1813, an 
American officer, might have travelled from Co{)enha- 
gen to France ; but not without grea.t difficulty and 
some danger : all the ordinary passages between the 
Island of Zealand, in which Copenhagen is situated, 
and the European continent having been at that time 
blockaded by the Naval forces of Great Britain. 

To the second, — After April, 1814, there could have 



ao 

been no obstacle in the'state of European affairs, which, 
to my knowledge, could have prevented an American 
officer or citizen from travelling, in safety between Co- 
penhagen and France, or any place in the south of Eu- 
rope. 

To the tJiird. — I have no personal knowledge of any 
opportunities of taking passage during the war between 
the United States and Great Britain from the north of 
Europe or from France in neutral vessels. The very 
purpose for which Capt. Barron might have embarked 
in a neutral vessel, would have been an objection to re-^ 
ceiviug him as a passenger. In the year 1813, there 
were several vessels which came from various ports of 
France to the United States, under American colours 
with letters of marque. And Mr Crawford went to 
France in the United States' armed ship Argus : on the 
return of which^aptain Barron might have taken pas- 
sage had he been in France. 

To the fourth. — The expense of travelling from Co- 
penhagen to any port of France in the bay of Biscay, 
would have depended very much on the manner of tra- 
velling. It is not unusual in Europe for persons to 
travel with one or more companions who share the ex- 
penses of post horses, and there are occasionally persons 
Avho advertise for such companions. By taking advan- 
tage of such opportunities, and of public stages or dili. 
gences, I suppose a sum equal to one hundred dollars 
might suffice for such a journey ; but without some such 
economical expedients, it might have cost three or four 
times as much. 

To the fifth. — Commodore Barron did not apply to 
me, nor so far as I know, to any other minister, officer^ 
or agent of the United States in Europe, to supply him 
with pecuniary means to return home. 

Answ ers to the additional interrogatoiies on the part 
of Captain Barron, 

To the first, — The regulations of police concerning 
travellers, were very strict in 181:3 and 1813, in every 



m 

jiarl; of Europe ; but with suitable passports, I know 
not of any difficulty except the passage of the Belts 
which Captain Barron would have met in 181S, or the 
iirst quarter of 1818. in going from Copenhagen to any 
part of France. The expense* of travelling might have 
been more than usual, but of this I have no personal 
knowledge. From \pnl, 18(3, to April, 1814, the 
communications were exceedingly obstruoted by the 
movements of the armies and the state of war. 

To the second.— \fier the month of April, 1814, 
there was not, to my knowledge, any obstacle which 
could have prevented an American citizen from travel- 
ling from Copenhagen to any part of France From 
May, 1814, until the end of the year, Europe was in 
peace ; and the allied troops were withdrawn from 
France. The Duke of Wellington had taken Bordeaux 
in March, 1814, and seized all the American vessels 
then in the river. After that time, I was not knowing 
to any opportunity by which Captain Barron could have 
embarked in any French port for the United States. 

To the third,-— 1 refer to my answer to the third cross- 
interrogatory: I know not how long the intended depar- 
ture of the letters of marque which came from France 
to the United States, in 181S and 1813, was known be- 
fore they sailed. I presume none of these opportunities 
could have been known to Captain Barron at Copenhft- 
gen, in time to have availed himself of it. 

To the fourth. — I was not, nor was, to my knowledge, 
any other minister of the United States furnished with 
funds to provide for the return home of Capt. Barron, 
or of any officer of the United States. Nor had I any 
instructions on the subject. 

JOHN QUINCY ADAMS. 

Sworn and subscribed to, this 2M June, 1821, be- 
fore 

R. S. BRISCOE, 

Justice of the Feace. 
H 



Interrogatories to be administered to the Hon. Henry 
Clay, on the part of Captain James Barron, of the Unit- 
ed States' Navy : 

1. Did you meet with Captain James Barron in the 
summer of 1814, in the city of Copenhagen, in tlie king- 
dom of Denmark ? If yea, do you recollect the particu- 
lar month or time ? 

S. Did he then express to you considerable anxiety 
to return to the United States for the purpose of serving 
his country in the war with England ; and did he con- 
sult you as to the best mode of eifecting that object ? 

3, Do you recollect to have advised him to go to Got- 
tenburg, in Sweden, where the United States' corvette, 
John Adams then was, and to endeavour to obtain a 
passage home in*her ? 

4. Do you know of any other matter or thing that 
will be of advantage to Captain James Barron ? If ^^ea, 
state the same as fully as if you had been thereunto par- 
ticularly interrogated. 

Cross-interrogatories to be administered to the Hon. 
Henry Clay, on the part of the United States : 

1. Was or was not the corvette John Adams, a car- 
tel ship sailing under a pass from the British govern- 
ment, with the ministers of the United States on board? 
Or under some other permission from the British govern- 
ment? 

2. Did or did not such pass or permission limit the 
protection of the flag of truce to the officers and crew of 
the ship, and the members of the legation, or any other, 
and what persons ? 

3. Could Com. Barron have been allowed to embark 
on board said corvette for the United States without in- 
fringing her pass and the privileges of the flag of truce? 

4. Was or was not Denmark in alliance with France 
from the time of the British attack on Copenhagen, in 
1807, until January, 1814, and were or were not the 
countries intermediate between Denmark and France, 
under tiie dominion or influence and controul of the lat- 



ter power, until the latter part of the year 1814, so that 
an American officer or citizen might travel m safety 
from Copenhagen to France in the years 181S and 
1813? 

5. Was or was not the whole continent of Europe at 
peace after April, 1814, so that an American officer or 
citizen might proceed in safety from Copenhagen to 
France, or any where else in the south of Europe? 

6. Were there or were there not, during the late war 
between the United States and Great Britain, opportu- 
nities of taking passage from the north of Europe, or 
from France, in fast sailing vessels (either neutral or 
American) for the United States ? 

H. WHEaTON, 

Judge Advocate, 

Additional interrogatories on the part of Captain 
James Barr<in : 

1. Had Captain Barron any other knowledge of the 
terms of the cartel granted to the John Adams, than 
that derived from yourself when you advised him to go 
to Gottenburg to obtain a passage in her ? 

2. Were not the countries between France and Den- 
mark, in consequence of the war between the European 
powers, in such a state from the rigid military regula- 
tions and strict police, as to prevent the ordinary inter- 
course with France, and from the great embarrassments 
and expenses incurred, to exclude almost travelling be- 
tween France and Denmark, unless by governmental 
messengers or military couriers, in the years 1812 and 
1813, according to the best of your information? 

3. When did you arrive on the continent of Europe^ 
and how long did you remain there ? 

4. What was the situation of Captain Barron when 
you saw him at Copenhagen ? Was he in such circum- 
stances as would have enabled him to bear the expenses 
of a circuitous journey and voyage home, and did he 
appear to possess the funds or the mean»? 



§% 

Interiogatories to be administered to the Hon. Henry 
day on the part of the court of enquiry : 

1. What would have been the expenses of travelling 
from Copenhagen to Bourdeaux, or some other port in 
the bay of Biscay ? 

g. Did Com. Barron inform'you that he was destitute 
of the pecuniary means of getting home? And if yea, 
did he request assistance of that kind from any of the 
officers or agents of the United States ? 

3. Was any such assistance voluntarily offered by 
these officers or agents to Com. Barron ? 

The deposition of Henry Clay, taken the fifth day of 
June, 18^1, before Robert Trimble, judge of the court 
of the United States for the Kentucky district, to be 
read as evidence to the court of enquiry, ordered by tlic 
Navy department, into the conduct of Captain James 
Barron, in answer to certain interrogatories to the said 
witness in writing, propounded on the part of the said 
Captain Barron, on the part of the United States, and 
on the part of the said court of enquiry respectively. 
Being first sworn according to law, the said deponent 
saith, in answer to the first interrogatory on the part of 
Captain Barron, — 

That he did meet with Captain Barron in the month 
of June, 1814, in the city of Copenhagen, in Denmark. 

To the secondy — That he did express considerable 
anxiety to return to the United States of America : and 
the deponent thinks that he manifested a wish to return 
for the purpose of engaging in behalf of his country, 
in the war then existing with Great Britain : and he did 
consult with the deponent as to the best mode of effect- 
ing his return. 

To the third, — That he did advise the said Cap(ain 
Barron to proceed to Gotten burg, in Sweden, w here the 
United States Corvette John Adams then lay, and to 
endeavour to obtain a passage in her to the U. States. 

To thefourthy — The deponent believes that prior to 
his going to Copenhagen, he had heard, (probably 






85 

through Mr. Forbes, then American consul at that city) 
ol Captain Barrou's wish to get a passage in the John 
Adams home. Upon the deponent's arrival in that city, 
he learnt, he believes from Mr. Forbes, that the Captain 
was poor and needy. The impression was somehow 
made on the deponent's mind that the Captain felt in- 
tensely what he supposed was the injustice of the sen- 
tence pronounced against him on the occasion of the 
affair of the Chesapeake; and that he entertained ap- 
prehensions thai a continuance of that injustice might 
obstruct his restoration to his command. His whole 
"Conduct and situation, as far as the deponent understood 
them at Copenhagen, were such as to interest the depo- 
nent's sympa hies strongly in his favor. 

To the first cross -interrogatory , on the part of the 
United States, — 

The corvette John Adams, was a cartel, sailing un- 
der a pass from the American and British governments, 
with Mr. Russell and the deponent on board, two of the 
ministers to treat with Great Britain of peace. She 
was bound to Gottenburg. When the* seat of negotia- 
tion was transferred to Ghent, the deponent proceeded 
to the latter place by land, leaving the corvette at Got- 
tenburg to obey the orders of Messrs. Adams and Rus- 
sell, who he expected would sail in her to Amsterdam. 

To the st^condf — He does not recollect the terms of 
the pass. He presumes, however, that they did limit 
her, or that it was understood between the two govern- 
ments, that she was to be limited to the purposes of the 
mission. 

To the third, — He says that it must depend upon the 
pass and the public law. 

To the fourth and the fifth , — He says that they m 
volve matters of general history, respecting which, the 
deponent has no peculiar knowledge. 

To the sixthf — He says he does not possess any par- 
ticular information. He believes there was great diffi- 
culty in an American citizen getting a passage during 



8% 

the war with Great Britain, from the north of Europe. 
There was less in getting one from the south of France, 

To the first additional interrogatory, on the part of 
Captain Barron, — He says, that he does not know or 
believe that Captain Barron, wlien he took the depo- 
nent's advice at Copenhagen, did possess any particular 
knowledge of the terms of the cartel, other than that 
derived from the deponent. He does not recollect that 
the circumstance of his being an officer in the JS avy of 
the United States was particularly mentioned. 

To the second, — He does not possess any particular 
information on the subject of this interrogatory. He 
supposes in the year 1812 and part of 1813, a journey 
might have been performed without much embarrass, 
ment, from Copenhagen to France. Towards the latter 
part of the year 1813, and early in 1814, it would have 
been troublesome as he apprehends, if practicable, by 
an American citizen. 

To the third, — The deponent arrived from America 
at Gottenburg in April, 1814. He left Gottenburg in 
June of the same year, — reached Ghent in the latter 
part of that month, or in the first of July, — remained 
there until January, 1815,— went to Paris in January, 
1815, — left it in March, and passed over to England, 
and sailed from Liverpool for America in August, 18 1 5. 

To the fourth, — He has already answered this in 
substance : — He does not think that Captain Barroa 
communicated his situation to the deponent. His in- 
formation respecting it was derived from others He 
understood him to be without much means : and he ap- 
peared to be distressed and unhappy. 

To the interrogatories on the part of the court of en- 
quiry. — 

To the first, — The expenses of travelling from Co- 
penhagen to Bordeaux, or some other port in the bay of 
Biscay, would have depended upon the mode of travel- 
ling. If in the public vehicles, he presumes it would 
have been between two and three hundred dollars. 



87 

To the seeonff,— -r-aptain Barron did not communicate 
to the deponent, as far as he recollects, any thing about 
bis pecuniary condition. He requested no assistance 
from the deponent of a pecuniary kind. Whether he 
did or not of any other person, the deponent does not 
know. 

To the thirdj — He does not know whether any such 
assistance was or was not offered voluntarily by any of 
the officers or agents of the United States. The depo- 
nent did not offer any. 

H. CLAY. 

KENTUCKY, sc^ 

The foregoing deposition was taken the day and 
year first mentioned, at Frankfort, before the subscriber, 
Judge of the United States, for the Kentucky district, 
the deponent being first sworn according to law ; all 
which is certified. 

ROBERT TRIMBLE. 

Saturday, July Jth^ 18S1. 

The court met. — Present as on yesterday. 
No witnesses being present the court adjourned to 
Monday, 10 o'clock. 

Monday, July 9thf 18S1. 

The court met. — Present as on Saturday. 

Benjamin Homans, esquire, chief clerk in the Navy 
department, a witness, produced on the part of Captain 
Barron, was sworn and examined. 

Question, by Captain Barron — Do you recollect 
whether Captain Barron called at the Navy office, 
early in December, 1818, soon after his arrival in this 
country, and before he had visited his family, and re- 
ported himself for service? 

Answer — I recollect Captain Barron's, visiting the 
department, some time in the latter part of the year 
1818, soon after I heard of his arrival in this countrv. 



«8 

Questwn, by the same — Did you afterwards introduce 
him in the war office, to the hon. John C. Calhoun, 
Secretary of war, and then acting temporarily in the 
Navy department, as an officer of the Navy of the 
United States, and a post Captain in their service ? 

Jlnsicer — I introduced Captain Barron, by name, to 
Mr. Calhoun, then acting as Secretary of the Navy, 
and left him in the room with Mr. Calhoun, and on his 
return, I understood from Captain Barron, that his ob- 
ject was to report himself to the department. 

Question, by the Judge Advocate- — Did Commodore 
Barron, report himself at any other and what time, be- 
fore the year 1818, after his letter to the Secretary of the 
Navy, dated Copenhagen, July SSd, 1813? 

Answer — There was no communication from Captain 
Barron, subsequent to his letter of July S2d, 1813, un- 
til the year 1818 ; that letter was received by duplicates, 
at about a month or six weeks distance from each other. 
Question^ by the same — Is it usual in the course of 
office, to give officers of the Navy, special or particu- 
lar orders in foreign countries, unless they are there in 
command of their ships? 

Answer — I have never known an instance of it. 
Question^ by the same — Can an officer, not already 
in command of a ship or squadron, receive orders from 
the I^avy department unless he reports himself within 
the United States ? 

Answer — I know of no such practice. 
Question f by Captain Barron — Was any answer ever 
given or transmitted to Captain Barron's report and ap- 
plication for service, of the date of July S2d, 1813? 

Ansiver — No answer was given to Captain Barron's 
letter and application for service of the 22d July, 1813. 
Question, by the same — If an officer of the Navy hap- 
pens to be absent from the United States in time of war, 
or when it commences, and the department know or are 
informed of the place of his temporary residence, would 
not orders be transmitted for his return, if his services 



S9 

were required by the department. Or would not tlie 
ways and means be provided for his return, if govern- 
mtnt designed to employ him, on his arrival, and more 
especially when he had reported himself to the depart- 
ment for service ? 

Answer — I conceive it would depend upon circum- 
stances and the necessities of the service at the time ? 

Question^ by the same — How long have you been in 
the Navy office ? Has the department any established 
usage on the subject of giving orders to officers out of 
the United States, whether in command of a ship or 
not? 

Answer — I entered the Navy department on the 4th 
of March, 1813. There is no ej^tablished usage on the 
subject ; but I knuw of no instance of such orders hav- 
ing been given ? 

Question, by the same — Was any general order or 
proclamation, issued in consequence of the war with 
England, for officers of the navy, absent from the coun- 
try, to return ? 

Answer — No such general order or proclamation as 
that enquired about was issued. A proclamation was is- 
sued by the President, which is herewith handed to the 
court, and annexed to the proceedings marked F. 

Question^ by the same — Do you know or believe that 
Captain Barron would have been employed in the naval 
service, in case he had been so fortunate as to have ob- 
tained a passage home? 

Answer — 1 can only answer that question by stating 
the fact ; — I know that at that period there were several 
Captains in the Navy unemployed. I know nothing 
of the disposition of the department in respect to Capt. 
Barron being employed. 

Question, by the Judge Adcocate — Had Captain Bar- 
ron any permission or leave of absence from this coun- 
try from the Navy department at any time from the 
date of his suspension to the year 1818 inclusive. 

Answer — Tliere is no such permission on record as 
that enquired of, 

13 



90 

Question^ by the same. — Did Captain Barron report 
himself in writing to the Department, at any time after 
his return to this country ? 

•Answer — Captain Barron did not report himself in 
writing to the department after his return. 

Question^ bij Captain Barron — Is it usual when an 
officer appears to report himself personally to the de- 
partment, to report also in writing. 

tS.nswer—1 have suggested it recently to junior offi- 
cers as most proper, but did not suggest it to Captain 
Barron, as he was then a stranger to me, 1 could not 
take the liberty with him. There is no usage or rule 
which requires an officer to report in writing, but I have 
suggested it to junior officers for the sake of conve- 
nience, since the period when Captain Barron reported 
himself. 

Question, by the court — When an officer is suspended 
by the sentence of a court martial, is he by usage, con- 
sidered as at liberty to dispose of himself without refer- 
ence to the department ? 

Jtnsiver — There is no usage on the subject, and no 
instance that I am acquainted with of application for 
leave of absence from the country having been made 
under such circumstances. 

The following paper was then read to the court by 
the Judge Advocate, at the request of Captain Barron: 

Mr, President^ and gentlemen of the court. 

The testimony which I have at present to adduce, is 
now concluded ; and I cheerfully submit it to your con- 
sideration without a single remark. The text requires 
no comment. Much more could be added if further 
time were to be occupied with this investigation. But 
I cannot reconcile it to my feelings, to ask the indul- 
gence of another postponement ; because 1 consider it 
wholly unnecessary, believing that the testimony alrea- 
dy exhibited, must be satisfactory and conclusive on both 
grounds of enquiry, stated in the precept for assembling 



91 

this court. Indeed I fear, to offer any farther proof, in 
so plain a case, might be deemed a tresspass on your 
time and patience, if not an insult to your understand- 
ings. I am unwilling therefore to delay longer a deci-^ 
sion, unless contrary to my expectation, there should 
remain a doubt, on any point, on the mind of any mem- 
ber of this court, in which event, I respectfully solicit 
a candid disclosure, and desire an opportunity of re- 
maving it, by further explanation or additional testimo- 
ny, of which I have an abundance, even from recent 
information. 

My character, reputation and honor, much dearer to 
me than life, and all my future prospects, are involved 
in your determination. But buoyed up by conscious 
innocence, and an ardent zeal for the cause, and service 
of ray country, I am induced to think there can be no 
reasonable grounds for apprehension as to the result. 

With great confidence in the integrity, independence, 
and impartiality of this tribunal, I shall await their de- 
cision. 

JAMES BARRON. 

J^ew York, July iOth, 1821. 

The Court adjourned to to-morrow at 10 o'clock. 

Tuesday, July iOth, 1821. 
The Court met. — Present as on yesterday. 
The Court adjourned to Friday 10 o'clock. 

Friday, July iSth, 1821. 

The Court met pursuant to adjournment. 

Present — Captain Charles Stewart, President, 
Captain Samuel Evans, ? ^ , 
Captain Charles Morris, $ •^'^^'^^^*'*' 
Henry Wheatcn, esqr. Judge Advocate. 

The minutes of the proceedings, and the evidence with 
the accompanying documents, were read by the Judg& 
Advocate, and the Court proceeded to deliberate on the 



c<ise, and after carefully considering the testimony agreed 
upon the following 

STATEMENT: 

The Court having proceeded to examine into the 
matters stated in the warrant from the honourable the 
Secretary of the Navy, dated the twentieth day of 
March, one thousand eight hundred and twenty one, do 
report the following statement thereof as it appears to 
them : 

It appears to the Court, that Captain James Barron 
was, by sentence of a Court Martial, bearing date the 
8th day of February, one thousand eight hundred and 
eight, suspended for five years from his pay and emolu- 
ments, and from the service of the United States. That 
the two letters accompanying the said warrant, and an- 
nexed to their proceedings, being a letter from William 
Lewis, esqr. to Charles W. Goldsborough, esqr. dated 
Pernambuco, September 7th, 1811, marked A. and a 
letter from Mr. Thomas P. Goodwin, dated March 4th, 
1819, to the Secretary of the Navy, marked B. were 
written by the persons whose signatures they bear, and 
received by the persons to whom they were addressed. 
That the said William Lewis has since deceased, being 
supposed to have been lost in the United States' brig 
Epervier, on her return home from the Mediterranean, 
in the year 1815 ; and that the said Thomas P. Good- 
AVin also died some time in the month of January, 18S0, 
at the Havana. That the said letters, (containing al- 
legations that the said Captain James Barron, during 
his suspension, being at Pernambuco, did make to Mr. 
Lyon, british consul at that place, certain declarations 
and representations respecting the President and go- 
vernment of the United States, highly improper and 
unbecoming an oflicer of the United States,) were com- 
municated by the Navy Department to the said Captain 
Jame Barron tor explanation, and copies thereof deli- 
vered to him in 1819^ soon after his return to the United 



state*. That Captain Barron passed though Baltimore 
in the spring of the year 4819, wliere the said Goodwin 
then was; but whether Captain Barron saw the said 
Goodwin, does not appear to the Court by the testimo- 
ny ; and it is stated by Captain Barron that he did not. 

That it appears to the Court, that the said William 
Lewis was a man of the strictest honour and integrity, 
and an officer of distinguished merit ; and that the cha- 
racter of the said Goodwin for truth and veracity was 
highly respectable, but that he was of a very ardent 
temper, which was particularly manife^sted when excited 
by conversation on political subjects. And that the said 
Lyon was also a man of respectable character. 

It further appears to the Court, that Captain Barron 
did not, during his residence at Purnambuco, in the 
year 1809? live with Mr. Lyon, the British consul there, 
as stated in said Goodwin's letter ; but that the said 
Captain Barron lodged a part of the time in a tavern, 
and the remainder of the time in a house which he rented 
jointly with one Fernandez, w ho was the supercargo of 
the vessel in which Captain Barron went out to Brazil 
as master ; and that it appears to the Court by testimony 
of two res|7ectable witnesses, who were in Pernambuc© 
in the year 1811, and had frequent conversations with 
the said Goodwin at that place, and with the said Lewis 
and Lyon, that said witnesses never heard from any of 
these persons any thing respecting the facts stated in 
said Goodwin's letter to the Secretary of the Navy, noi 
did they hear from any other person or persons at that 
place, any reports or rumours of such conversations 
having taken place between Captain Barron and said 
Lyon, as are stated in said letter : and no legal evi- 
dence has been produced to the Court tending to prove 
the truth of the allegations contained in said letter. 

And it further appears to the Court, that Captain 
James Barron left the United States on or about the 
6 U day of April. 181g, as master and supercargo of the 
brig Portia, belonging to Messrs. Armistead and Kellv. 



94 

of Norfolk, and proceeded to Lisbon, wheie lie arrived 
in said brig in the beginning of May, 18 iS, where the 
outward cargo was disposed of, and the proceeds remit- 
ted by him to London, according to instructions from 
the owners, except a part of the same which was in- 
vested in a cargo of fruit, with which he sailed for Got- 
ten burg, where he arrived on the 3d day of July, 18 IS; 
and from thence sailed to Copenhagen, where the pro- 
ceeds of the cargo went into the hands of the Danish 
government. The vessel was subsequently sold for 
the sum of 7^00 dollars of which 7000 dollars were 
remitted by Captain Barron to the owners, and 500 
dollars retained by him to pay his own expenses and 
those of his crew^ That the news of the declaration of 
war by the United States against Great Britain, reached 
Copenhagen some time in the month of July, i81§5, and 
that Captain Barron was wholly dependent upon his 
labour and exertions as a ship master for his support 
and the maintenance of his family while suspended from 
his pay and emoluments. 

And it further appears to the Court, that no order or 
proclamation was issued by the government of the 
United States in consequence of the declaration of war, 
directing such officers of the navy as were absent from 
the country to return; but a proclamation, which is 
hereunto annexed, was issued by the President of the 
United States on the 19th day of June, 181S, announc- 
ing the declaration of war, and enjoining on all military 
and civil officers to be vigilant in the execution of their 
duties. That no special order was sent by the Navy 
Department to Captain Barron directing his return, nor 
were any other orders given to the said Capt Barron 
previous or subsequent to the expiration of his term of 
suspension from service, and before his arrival in the 
United States ; nor was any permission or leave of 
absence from the country given to Captain Barron at 
any time. 

it further appears to the Court, that the suspension 



of Captain Barron expired on the 8tli day of February, 
1813, whilst he still remained at Copenhagen; and 
that on the SSd of July, 1813, Captain Barron wrote to 
the Secretary of the Navy two letters, one of them 
marked private, which were duly received at the Navy 
Department, and copies of which are annexed to these 
proceedings. 

'JMiat no answer was given by the Secretary of the 
Navy to said latters, nor were any other communica- 
tions received by the Navy Department from Captain 
Barron, until his return to the United States in 1818. 

It does not appear to the Court, that Captain Barron 
made any actual attempt to return to the United States 
until the summer of the year 1814, when, in pursuance of 
the advice of the Hon Henry Clay, one of the ministers 
of the United States, then in Europe, to whom Captain 
Barron had expressed his earnest desire to return to 
the United States and serve in the war with England, 
he proceeded from Copenhagen to Gottenburg, and on 
the 11th of June, in that year, applied to Captain 
Samuel Angus, of the United States' corvette John 
Adams, for a passage on board that vessel to thi& 
country. 

That Captain Angus expressed himself willing to 
comply with this request, but referred Captain Barron 
to the honourable John Quincy Adams and the honour- 
able Jonathan Russell, two of the ministers of the United 
States (then about to embark on board said corvette for 
the Texel) for their opinion whether this could be done 
consistently with the character of the said ship as a 
cartel. 

That Captain Barron stated to the said ministers 
that his motive for wishing to return to the United 
States at that time, was his earnest desire to ofter his 
professional services to his country in the war in which 
she was then engaged, and to claim employment in the 
station to which he was entitled in the navy ; but that 
the said ministers felt themselves compelled, (though 



m 

with reluctance,) to give it as their opinion to Captain 
Angus, that he could not, consistently with the terms of 
the cartel, give a passage to Captain Barron. In con- 
sequence of which, Captain Angus declined complying 
with Captain Barron's request, and he returned to Co-, 
penhagen. 

That Captain Barron subsequently applied by letter 
to Mr. Russell, at Ghent, during the summer of the year 
1814, renewing his request for a passage to the United 
States, in the corvette John Adams, then lying at the 
Texel, and received an answer from Mr. Russell, stat- 
ing his and Mr. Adams' desire to give effect to Capt. 
Barron's request, but that the British government would 
not consent to permit any other persons than those at- 
tached to the legation at Ghent, to embark on board that 
ship. 

It does not appear by any evidence produced to the 
Court, thai Captain Barron made any subsequent at- 
tempt to return to the United States, but he remained 
at Copenhagen until the close of the war with England, 
and did not return to this country until the latter part of 
the year 1818. That Captain Barron has been paid 
his half pay from the 8th day of February, 1813, to the 
28th of February, 1819, inclusive, and full pay and ra- 
tions from the last-mentioned day, to the 31st of Janua- 
ry, 1821. — That he drew on the accountant of the Navy, 
at Copenhagen on the 29th of November, 1817, direct- 
ing the said accountant to pay to the order of Mrs. Eli- 
zabeth Barron, or to that of Mr. Wilton Hope, of Hamp- 
ton, Virginia, any balance of his half-pay that might be 
due at that time. 

That it does not appear to the Court at what rate of 
exchange a bill on the government of the United States, 
could have been negotiated at Copenhagen during the 
late war ; but that it appears from the evidence extreme- 
ly difficult, if not impossible, to have negotiated bills on 
this country. 

It further appears to the Court that Captain Barron 



w 

was ia embarrassed circumstances, and in want of pe- 
cuniary means wliile at Copenhagen ; but the precise 
extent of his embarrassments and of his means, at dif- 
ferent periods, does not distinctly appear. 

And it does not appear that he made application to 
any of the ministers, agents or consuls of the United 
States in Europe, or to any other persons, to obtain an 
advance of the funds necessary to enable him to return 
home. Nor when he reported himself for service in 
1813, did he apply to the Navy Department for 
funds, or at any subsequent period of his absence, or 
make known his wants to the Department. Nor could 
any application to such ministers, agents of consuls, in 
their official capacity, have been successful, as they had 
no special authority to make such advance. 

It further appears to the Court, that Captain Barron 
had, during the w ar, the choice of three different routes 
by which he might have returned to the United States. 

The first was by the way of England : by which 
route it does not appear from the testimony, that any 
particular difficulties were (except at one period) inter- 
posed to the passage of citizens of the United States, 
not in the service of their country. — But several witnes- 
ses state their impression that a naval officer, returning 
from Europe to the United States, if travelling under 
that avowed character, would certainly be liable to de- 
tention and imprisonment; and if travelling as a mer- 
chant, or in any other pacific character, might under 
some circumstances, be exposed to more serious perils. 

The second, was from some port in the north of Eu- 
rope, in American or neutral vessels. It does not ap- 
pear that any of our own merchant vessels escaped the 
vigilance of the enemy's cruizers, after the declaration 
of war was generally and publicly known in the north of 
Europe, so as to effect their escape from the Baltic or the 
north sea The only opportunity, under the x\merican 
flag, of reaching this country by that route, which has 
been brou2;ht to the notice of the Court, is the pilot-boat 

13 



98 

Champlin, which was sent by certain merchants in New 
York, to give information to vessels in the Baltic of the 
declaration of war, and in which one of the witnesses, 
Hichard Law, esquire, returned to the United States, in 
the autumn of I81S ; which opportunity was confiden- 
tially made known to said Law, by the person to v\ horn 
the boat was consigned ; but was not publicly known at 
Copenhagen, nor considered a safe opportunity at that 
season. And that the object for which Captain Barron 
proposed to embark might have been an objection to 
receiving him on board of a neutral vessel. 

The third route, which Captain Barron might have 
selected to return to the United States from Copenha- 
gen, during the continuance of the war, was to proceed 
over land to some port in France, or elsewhere in the 
south of Europe, and there await an opportunity of em- 
barking in a letter of marque, or privateer, or other ves- 
sel. — The expenses of such a journey by land, accord- 
ing to the testimony which has been produced to the 
Court, would have varied from 100 to 700 dollars, ac- 
cording to the period and the circumstances in which it 
might be undertaken, and the manner in which it should 
be conducted. 

It appears that in the year 181^, and the firht part of 
the year 1813, Captain Barron with regular passports, 
and sufficient pecuniary means, might have proceeded 
from Copenhagen to France, except for the British 
blockade of the passages between the island of Zealand, 
in which Copenhagen stands, and the continent ; which, 
however, does not appear to have formed any consider- 
able obstacle.— But, from April 1813, to April 1814, 
the communications were extremely embarrassed by the 
state of the war, and the movements of the different ar- 
mies. After April, 1814, there was no very serious ob- 
stacle to his proceeding from Copenhagen to any part 
of France : but the difficulty of embarking in the ports 
of that country for the United States, was proportion- 
ally increased, for a short time, in consequence of some 



9^ 

of those ports being occupied by the British, and others 
exposed to their controul and close inspection. 

And at all times before the peace of Paris in May, 
1814, there was very considerable difficulty in procur- 
ing passports for American citizens to travel through 
that part of the continent of Europe, and many vexa- 
tions and interruptions from the police of different coun- 
tries and the movements of troops ; which latter obstacle 
did not entirely cease after the continental peace. 

No evidence has been produced to the court to shew 
what detained Captain Barron in Europe, after the rati- 
fication of the treaty of peace between the United States 
and Great Britain in 1815. 

The court adjourned to to-morrow, 10 o'clock. 

Saturday, Juhj i'hth, 18S1. 

The court met pursuant to adjournment. — Present as 
on yesterday. The court proceeded further to delibe- 
rate upon the case, and after mature consideration 
thereof, pronounced the following 

OPINION : 

The court is of opinion, that the conversation, alleged 
to have taken place between Captain James Barron, 
and Mr. Lyon, the British consul at Pernambuco, in 
the year 1809, has not been proved. 

And the court is further of opinion, that although 
the evidence produced by Captain Barron establishes 
his sincere and earnest desire to return to the United 
States at certain periods, and the difficulty of accom- 
plishing his wishes, yet the court is of opinion, that the 
evidence of his inabitity to return sooner than he ac- 
tually did, is not satisfactory ; and it is therefore the 
opinion of the court, that his absence from the United 
States, without the permission of the government, was 
contrary to his duty as an officer in the Navy of the 
United States. 

CHARLES STEWART, President, 

II. WHEATON, Judge Advocate. 



100 

(A.) 

To the Accountant of the U. States J^Tavy^ 
Washington City. 

Sir, 

Please pay to the order of Mrs. Elizabeth M. Parron, 
or to that of Mr Wilton Hope, both of them of Hamp- 
ton, Virginia, any balance of my half pay that may be 
due at this time, and oblige your obedient servant, 

(Signed) JAMES BARRON. 

Copenhagen, JVovember 29f/e, 1817. 

I certify, that the above is a true copy of an original 
order from Captain James Barron of the Navy, on file 
in this office. 

CON STAN r FREEMAN, ^th Auditor. 

Treasury Department, 

4th Auditor^ s Office, Jipril 50th, 1821. 

Be it remembered, that Constant Freeman, esquire, 
who certified the within transcript, is now, and was at 
the time of doing so, Fourth Auditor of the Treasury 
of the United States, and that faith and credit are due 
to his official attestations. 

In testimony whereof, T, William H. Craw- 
ford, Secretary of the Treasury of the 
United States, have hereunto subscribed 
(seal.) my name and caused to be affixed the 
seal of this department at the city of 
Washington, this day of 

in the year of our Lord, one thousand 
eight hundred and twenty-one. 

WM. H. CRAWFORD, 

Secretary of the Treasury, 



(B.) 

LIVERPOOL, dugust 22rf, 1818. - 
To the Accountant of the U, States JSTavy, 

«IR, 

Please pay any balance of my half pay that may 
be due at this time, to the order of Mrs. Elizabeth M. 
Barron, or to that of Mr. Wilton Hope, of Hampton, 
Virginia, and oblige your obedient servant, 

(Signed) JAMES BARRON. 



I certify, that the above is a true copy of an original 
order from Captain James Barron of the Navy, on file 
in this office. 

CONSTANT FREEMAN, ^th Auditor. 

Treasury Department, 

4th Mditor^s Office, ^pril SOth, 1821. 



Be it remembered, that Constant Freeman, esquire, 
who certified the w^ithin transcript, is now^, and was at 
the time of doing so, Fourth Auditor of the Treasury 
of the United States, and that faith and credit are due 
to his official attestations. 

In testimony whereof, I, William H. Craw- 
ford, Secretary of the Treasury of the 
United States, have hereunto subscribed 
(seal.) my name, and caused to be affixed the 
seal of this department at the city of 
Washington, this day of 

in the year of our Lord one thousand 
eight hundred and twenty-one. 

WM. H, CRAWFORD, 

Secretary of the Treasury. 



10^ 

(C.) 
I certify, that James Barron, esquire, a captaiu m the 
Navy of the United States, has been paid, at this office, 
for half pay, from the eighth day of February, in 
the year one thousand eight hundred and thirteen, to 
the twenty-eighth day of February, in the year one 
thousand eight hundred and nineteen, inclusive, and 
that he has been paid for full pay and rations, from the 
date last above mentioned, to the thirty-first day of 
January last past. 

CONSTANT FREEMAN, ^th duditor. 

Treasury Department, 

4th Auditor's Office, JiprU 50th, 1821. 

Be it remembered, that Constant Freeman, esquire, 
who has signed the aforegoing certificate, is novr, and 
was at the time of doing so. Fourth Auditor of the 
Treasury of the United States, and that faith and 
credit are due to his official attestations. 

In testimony whereof, I, William H. Craw- 
ford, Secretary of the Treasury of the 
United States, have hereunto subscribed 
(seal.) my name and caused te be affixed the 
seal of this department at the city of 
Washington, this day of 

in the year of our Lord, one thousand 
eight hundred and twenty-one. 

WM. H. CRAWFORD. 

Secretary of the Treasury, 



(D.) 

COPENHAGEN, 22rf July, 1813. 

Sir, 

The term of my suspension having expired, the ob- 
ject of the present letter is to inform you that the first 



103 

wish of my heart has always been to render service to 
my country in an honourable way. If, therefore, they 
are wished, and will be employed to that end, your 
commands will be readily obeyed. A letter directed 
to the care of J. M Forbes, esqr. will find me here or 
in St. Peters burgh. 

Very respectfully. I have the honour to be, 
Your obedient servant, 

JAMES BARRON. 

Honorable William Joxes, 

Secretary of the Navy, Washington. 



(E.) 

Private. COPEN HAGEN, 22rf July, 1813. 

Dear Sir, 

Enclosed you will find a letter addressed to you as 
Secretary of the Navy of the United States, which I 
hope you will consider proper, and containing all that 
is necessary on the present occasion ; but as it has not; 
been my good fortune to have had a personal acquaiu-^ 
tance with you, the only knowledge of my character you 
may have, may possibly be derived from sources not 
very friendly to me. Should this be the case, 1 have 
only to rely on the strength of your mind, and the jus- 
tice and liberality of your disposition, to decide on a case 
perhaps enveloped in as much obscurity, and heretofore 
treated with as much injustice and inhumanity, as any 
that ever came under your inspection. 1 never can, nor 
never will, acknowledge, that the sentence under which 
I have laboured for these five years was just, or that it 
was not the result of malice, and not the sound and dis- 
interested opinion of just and impartial judges. It is 
not in human nature for abrave man to neglect his duty 
in the hour of need, and such is the sentence of the 
Court on this occasion : their opinion relative to neglect 



104 

was founded on a pa|)er^ written by myself at a time 
when I was in a state of distraction, both of body and 
mind^ and merely states an impression which the result 
of the British commander's conduct made on my mind 
after the affair was ended ; but whicli the paper alluded 
to did not contain, namely the words to tuke by force 
any British deserters found on board the Chesapeake. 
Thus was this cruel sentence passed and inflicted with- 
out mercy on a man who had spent the prime of his life 
in the service of his country, and the truly guilty set 
at liberty, and protected from censure or punishment. 

If an oflBcer having preferred charges against his com- 
mander, fails to produce other proof, and when brought 
to his own oath, prevaricates as to the facts, is he not 
guilty of falsehood, and in some measure of mutiny ? Is 
not perjury punishable? 

Mr. Babbit was proved so by four witnesses, and the 
sentence of the Court proves that the charges exhibited 
against me by the oflBcers of the C hesapeake, were without 
foundation ; and yet they escaped punishment, and were 
protected from any description of governmental displea- 
sure. Captain Gordon and his officers, contrary to my 
opinion previously expressed, gave two entertainments on 
board the Chesapeake, in Hampton Roads, while she was 
laying and only waiting for their exertions to proceed on 
her cruise. Indeed, when I am addressing myself to a 
gentleman whose knowledge and experience enables 
him to decide on facts, it is only necessary to request 
your reference to the log book of that ship to prove that 
the unpunished are the guilty : for when you observe 
that she laid twenty-two days in Hampton Roads, with 
her whole crew on board, and her orders ready, argu- 
ment is unnecessary to prove the inattention of those 
dishonourable accusers, whose only shift was to take 
some advantage and remove the blame to some more im- 

* This paper was lost on the day the affair happened, and waS 
jreferred to on meqiory. 



105 

portant person. It would, however, be imposing too 
much on your time and patience, now to call your atten- 
tion to a review of these very unpleasant circumstances; 
and my only wish in life is to have an opportunity to 
prove to the world in general, and my country in parti- 
cular, that I have suffered without just cause : for theie 
are circumstances known to those intimately acquainted 
with the particulars of that affair, that would in my 
humble opinion convince the world that 1 was, to say 
the least of it, cruelly sacrificed ; but if, on the contrary, 
some of my friends enjoy the happiness of your acquain- 
tance, it is possible I may have a greater share of your 
commisseration than I am aware of. Let that be as it 
may, I have great confidence in the correctness of your 
head, and the goodness of your heart, and hope and 
trust that this communication will meet with that deli- 
cacy which my more than ordinary situation entitles me 
to. Being fully impressed with this belief, I shall con- 
clude, only adding my prayer, that the Navy may be 
cherished and protected by the nation, and guided by 
nautical wisdom. 

Very respectfully, &c. 

I have the honour to be your obt. servt. 
JAMES B AKRON. 

Hon, William Jones, 

Secretary of the U. S. Navy, WashingUm, 



(F.) 

BY THE PRESIDENT OF THE UNITED STATES OF 
AMERICA, 

A PROCLAMATION. 

WHEREAS, the Congress of the United States, 
by virtue of the constitutional authority vested in them, 
have declared by their act, bearing date the 18th day of 

14 



10i» 

the present month, that war exists between the united 
kingdom of Great Britain and Ireland, and the depen- 
dencies thereof, and the United States of America, and 
their territories ; now, therefore, 1, James Madison, Pre- 
sideot of the United tates of America, do hereby pro- 
claim the same to all whom it may concern ; and I do 
especially enjoin on all persons holding offices, civil or 
military, under the authority of the United States, that 
they be vigilant and zealous in discharging the duties 
respectively incident thereto : and I do moreover ex- 
hort all the good people of the United States, as they 
love their country, as they value the precious heritage 
derived from the virtue and valour of their fathers, as 
they feel the wrongs which have forced on them the last 
resort of injured nations, and as they consult the best 
means, under the blessing of Divine Providence, of 
abridging its calamities, that they exert themselves in 
preserving order, in promoting concord, in maintaining 
the authority and efficacy of the laws, and in supporting 
and invigorating: all the measures which may be adopt- 
ed by the constituted authorities, for obtaining a speedy, 
a just; and honourable peace. 

In testimony whereof, I have caused the seal of the 
United States to be hereunto affixed, and signed 
the same with my hand. 

Done at the city of Washington, the nine- 
teenth day of June, A. D. 1812, and of 
[l. s.] the independence of the United States 
of America, the thirty. sixth. 

JAMES MADISON. 

By the President, 

JAMES MONROE, 

Secretary of State, 

To all to whom these presents shall come, Greeting : 
I Certify, that the writing on the first two pages of 



107 

the annexed sheet of paper, is a true copy faithfully 
compared with the record in this office. 

In testimony whereof, I, John Quincy Adams, Secre- 
tary of State of the United States, have hereunto 
subscrihed my name, and caused the seal of the 
Department of State to be affixed. 

Done at the city of Washington, this 
twenty-ninth day of May, A D. 18^1, 
[seal.] and of the Independence of the United 
States of America, the forty fifth. 

J. Q. ADAMS. 



GHENT, lOth October, 1814,. 
Commodore James Barrox^ 

Sir, 

I received some time since your letter of the 30th 
of August, and should have given to it an earlier an- 
swer, had I not continually indulged an expectation of 
soon passing Copenhagen on my return to Sweden. I 
am not however more sanguine now in this expectation, 
than I was six weeks ago, and if my silence should be 
protracted with this negotiation, you would I am afraid, 
have just reason to complain of ray inattention. 

I communicated to Mr. Adams your letter, and hi« 
opinion on the circumstances of your case, accords en- 
tirely with my own. With every disposition. lo be use- 
ful to you, we cannot perceive that it is within our com- 
petency to give it eflPect. The cruel situation in which 
you are placed, as an officer and a man, deeply aifects 
me, and 1 feel it the more acutely as I can offer you on- 
ly regret instead of relief. I sincerely hope that you 
will be able soon to return to the United States, and 
there find an ample indemnity for all your sufferings, in 
the aff'ections of your family, and the justice of your 
country. 

Very respectfully, your ob't serv't. 

TON A. RUSSELL. 



108 

WASHINGTON, 32rf February, 1819, 

1 hereby certify, that on thB eleventh of June, 1814!> 
I embarked in company with Mr. Jonathan Russell in 
the United States ship John Adams, Capt. Samuel An- 
gus, at Grottenburg, whence we proceeded to the Texel. 
There Mr. Russell and I landed and proceeded by land 
to Ghent, and shortly afterwards the John Adams re- 
turned to the United States. That on the day when we 
embarked at Gottenburg, Captain James Barron did 
apply to Captain Angus for a passage on board that 
vessel to the United States. That Captain Angus de- 
claring himself entirely disposed to give a passage to 
Captain Barron, referred him to Mr. Russell and my- 
self for the opinion, whether this could be done consist- 
ently with the cartel flag under which the ship was then 
sailing. That Captain Barron then stated to me, that 
his motive for wishing to return to the United States at 
that time, was his earnest desire to offer his professional 
services to his country, in the war in which she was en- 
gaged, and to claim employment, in the station to which 
he was entitled in the Navy. That Mr. Russell and 
myself highly approving the motive of Captain Barron, 
nevertheless felt ourselves compelled, though with re- 
luctance, to give it as our opinion to Captain Angus, that 
he could not consistently with his cartel, give a passage 
to Captain Barron, which Captain Angus, accordingly 
declined,. the great disappointment, as I understood, 
of Captain Barron. He informed me that he had made 
the journey from Copenhagen to Gottenburg, with no 
other purpose than that of obtaining his passage home 
in the above mentioned vessel. 

JOHN qUlNCY ADAMS. 

I certify, that in the summer of JS14, I met with 
Capt. James Barron, in Copenhagen ; that he expressed 
considerable anxiety to return to America, and consult- 
ed me about the best mode of his effecting that object. 



109 

I think I advised him to go to Gottenburg, where the 
Corvette John Adams was, and to endeavour to obtain 
a passage in her. 

H. CLAY. 

Washington, fiSrf February, 1819. 



I certify, that I saw in the hands of Captain James 
Barron sometime in the beginning of July, in the year 
1813, a letter addressed by him to the Secretary of the 
Navy, announcing that the term of his suspension from 
service had expired, and reporting himself for orders^ 
that I well remember that in the summer of 1814, Cap- 
tain James Barron went from Copenhagen to Gotten- 
burg, with the determination, if possible, to take pas- 
sage in the Corvette John Adams for the United States, 
that on his return to Copenhagen, he assured me that 
he had been refused suck passage, it being, in the opi- 
nion of the ministers of Ihe United States, incompati- 
ble with the restrictions of the cartel, under which that 
vessel was then employed ; and I further certify, that 
during the whole time of Captain Barron's residence at 
Copenhagen, I was in the habit of daily and friendly 
intercourse with him, and that he always manifested a 
great desire to return to the service of his country. 

J. M. FORBES. 

Washington* February 22rf, 1819. 



At the particular request of Commodore James Bar- 
ron, I take the liberty to state most respectfully to all 
whom it may concern, the following circumstances : 
That during the whole of the late war between the 
United States and Great Britain, (which as will be re- 
collected, commenced on the 18th of June, 1812, and 



110 

(eriniaatetl oil the S4th of December, 4814,) 1 was at 
Copenhagen, with the exception of about two months 
before its close, when I went to Grhent. That Denmark 
was at war with England and wdth Sweden, until the 
25th of January, 1814. That during our whole war 
I do not recollect any direct opportunity to return to the 
United States from Copenhagen, except by the pilot 
boat schooner Champlin, which came home in the fall 
of 1813, and was wrecked on the coast of North Caro- 
lina. That Commodore Barron's term of suspension 
did not expire until the 8th of February, 1813. That 
on its expiration, Commodore Barron wrote to the Se- 
cretary of the Navy, reporting himself for service^ 
which letter was shewn to me. That on the news of 
our war reaching the Baltic, several American vessels 
sought an asylum in Denmark, and remained there un- 
til the peace; that in some instances the Captains or su- 
percargoes, whose circumstances would permit it, went 
to England in the attempt to get home, others went to 
France whence it was understood that many embarked 
in privateers. That I saw Commodore Barron daily, 
and often conversed with hini about the means of get- 
ting home, which I always advised, and he as often 
urged the impossibility of his visiting England, and 
his want of means to meet the extraordinary expenses 
of his return by the distant route of Bordeaux. That 
during the period in question, Germany was covered 
with large armies, and I presume the expenses of a 
voyage from Copenhagen to the United States through 
France, could not be estimated at less than one thou- 
sand dollars. That in all my intercourse with Com- 
modore Barron, he always evinced a lively interest in 
the success of our arms and a desire to return to the 
service of his country. Having given to Commodore 
Barron a certificate substantially conforming to the 
above facts, dated the 22d of February, 1819, now on 
file in the department of the navy, and my name hav- 
ing been introduced by Commodore Decatur into the 



Ill 

eorrespoiideuce recently published, I feel it my duty 
to explain what passed between the deceased, Commo> 
dore Decatur, and myself. 

Sometime last fall, 1 believe in November, Commo- 
dore Decatur called at my lodgings. Not being at home 
I called the next day at the office of the Navy Commis- 
sioners, and found him alone. He said that the object 
of his call on me was to ascertain whether it was or 
was not true that Commodore Barron had sailed under 
a British license during our late war with England? 
I replied without hesitation that I knew it was not true, 
having seen him almost every day during the war. 
Commodore Decatur then asked me w hy he (Barron) 
had not returned to his country ; I replied, that I had 
frequently advised it, but there being no direct oppor- 
tunity. Commodore Barron had alleged his want of 
means to come by way of France and the impossibility 
of his visiting England. 1 stated his attempt to come 
home in the John Adams, and mentioned my having 
furnished him the certificate before alluded to. On the 
authority of this conversation. Commodore Decatur very 
correctly abandoned (as by his note of November with- 
out date) one charge made and subsequently introduced 
my name into the correspondence as may be seen by » 
reference to it. 

In testimony of the truth of the foregoing facts, I have 
signed this certificate at Washington, this 20th day of 
April, 1820. 

J. M. FORBES. 



NAVY DEPARTMENT, 1st December, 1821, 

I certify, that the preceding pages numbered 1, to 11 1, 
inclusively, contain a true and correct copy of the ori- 
ginals verbatim et literatim on file in the office of the 
Secretary of the Navy. 

BENJAMIN ROMANS. 















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